Eact Pty Ltd v Canterbury-Bankstown Council

Eact Pty Ltd brought an appeal against a decision of the Canterbury-Bankstown Council to refuse their development application to demolish existing structures and construct a three-storey boarding house on Lot 120 DP 3846, located at 19 Park Street, Campsie. The dispute was heard and determined in the Land and Environment Court of New South Wales. The applicant sought leave to rely on an amended BASIX certificate, an amended driveway design plan, and an acoustic report. They argued that the council's refusal was unreasonable and sought a review of that decision.

The court had to determine whether the applicant was entitled to rely on the amended documents and whether the council's decision to refuse the development application was lawful, reasonable, and properly made. In doing so, the court had to consider the relevant statutory and policy framework, including the Environmental Planning and Assessment Act 1979, the Local Environmental Plan 2014, and the council's Development Control Plan 2013. The applicant argued that the council failed to properly consider the amended documents and that the refusal was unreasonable in light of the relevant policies and guidelines.

The court found that the applicant was entitled to rely on the amended documents as they were relevant to the assessment of the development application and had been prepared in response to the council's concerns. However, the court also found that the council's decision to refuse the development application was lawful, reasonable, and properly made. The court considered that the proposed development would have significant adverse impacts on the character of the area and would not be in accordance with the relevant policies and guidelines. The court was satisfied that the council had properly considered the relevant factors and had made a decision that was not unreasonable. The appeal was dismissed, and the development application was refused. The court also ordered that the exhibits, except for certain specified documents, be returned to the applicant.