Dib v Canterbury-Bankstown Council (No 2)

[2021] NSWLEC 1591

Land and Environment Court

New South Wales

Medium Neutral Citation:

Dib v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1591

Hearing dates:

8-9 July 2021

Date of orders:

14 October 2021

Decision date:

14 October 2021

Jurisdiction:

Class 1

Before:

Pullinger AC

Decision:

The Court orders:

(1) The Appeal is upheld.

(2) Consent is granted to Development Application DA-845/2020, as amended, for the demolition of existing structures and construction of a 20 room boarding house with basement parking at 82 and 84 Lancaster Avenue, Punchbowl, subject to conditions set out in Annexure A.

(3) The exhibits are returned, except for A, 1 and 2.

Catchwords:

DEVELOPMENT APPLICATION – boarding house – whether number of rooms a development standard – cl 4.6 written request – local character – cl 4.6 written request – orders

Legislation Cited:

Environmental Planning and Assessment Regulation 2000, cl 55

Land and Environment Court Act 1979, s 39

Cases Cited:

Dib v Canterbury-Bankstown Council [2021] NSWLEC 1553

Category:

Principal judgment

Parties:

William Dib (Applicant)
Canterbury-Bankstown Council (Respondent)

Representation:

Counsel:
A Pickles (Applicant)
S Berveling (Respondent)

Solicitors:
Conomos Legal (Applicant)
Canterbury Bankstown Council (Respondent)

File Number(s):

2021/19872

Publication restriction:

No

Judgment

1. COMMISSIONER: On 22 September 2021, I handed down my reasons in the Class 1 appeal Dib v Canterbury-Bankstown Council [2021] NSWLEC 1553 (the principal judgment) and indicated that upon satisfaction of certain directions, I would give consideration to the making of final orders.

2. In the Principal Judgment, the Applicant was directed to prepare final architectural drawings, based on the Revision E plans tendered as Exhibit K, but further amended to reflect the reasons set out in the principal judgment.

3. Similarly, the Respondent was directed to prepare a corresponding set of conditions of consent to reflect the reasons set out in the principal judgment.

4. The amended drawings were filed by the Applicant on 7 October 2021.

5. The conditions of consent were filed by the Respondent on 29 September 2021.

6. I am satisfied that the amended plans and conditions of consent accord with the principal judgment, and I now make the following orders and thereby dispose of the matter.

7. Accordingly, the Court notes:

1. The Court, under s 39(2) of the Land and Environment Court Act 1979, exercising the function of Canterbury-Bankstown Council as the relevant consent authority, and pursuant to cl 55 of the Environmental Planning and Assessment Regulation 2000, agrees to the Applicant amending Development Application DA-845/2020 to reflect the architectural plans filed with the Court on 7 October 2021.

2. The Applicant has uploaded the amended Development Application to the NSW Planning Portal on 30 September 2021.

Orders

8. The Court orders:

1. The Appeal is upheld.

2. Consent is granted to Development Application DA-845/2020 as amended, for the demolition of existing structures and construction of a 20 room boarding house with basement parking at 82 and 84 Lancaster Avenue, Punchbowl, subject to conditions set out in Annexure A.

3. The exhibits are returned, except for A, 1 and 2.

………………………

M Pullinger

Acting Commissioner of the Court

Annexure A (301836, pdf)

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