Gejo Pty Ltd v Canterbury-Bankstown Council

Gejo Pty Ltd appealed a decision of the Canterbury-Bankstown Council to refuse development consent for a mixed-use development at 9-11 Weyland Street, Punchbowl. The proposal involved the demolition of existing structures, consolidation of two lots, and construction of a 6-storey building with 39 apartments, a commercial ground floor tenancy, a roof terrace, two levels of basement car parking, and associated landscaping. The council had refused consent on the basis that the proposal did not comply with certain planning instruments and was contrary to a community opposition report.

The court had to determine whether the council's decision was unreasonable, whether there were any errors of law, and if the proposal complied with the relevant planning instruments. The court considered whether the council had acted irrationally or failed to properly consider relevant matters, including the community opposition report and the impact of the proposal on the surrounding area.

The court found that the council's decision was unreasonable and that there were errors of law in the council's consideration of the proposal. The court held that the proposal complied with the relevant planning instruments and that the council had failed to properly consider the proposal's potential benefits to the area. The court also found that the community opposition report did not outweigh the proposal's merits. The court concluded that the proposal should be approved subject to certain conditions, which are set out in Annexure A to the judgment.