Henroth Pty Ltd v Canterbury-Bankstown Council (No 2)

[2024] NSWLEC 1740

Land and Environment Court

New South Wales

Medium Neutral Citation:

Henroth Pty Ltd v Canterbury-Bankstown Council (No 2) [2024] NSWLEC 1740

Hearing dates:

17-21 June 2024

Date of orders:

18 November 2024

Decision date:

18 November 2024

Jurisdiction:

Class 1

Before:

Dixon SC

Decision:

The Court orders:

(1) The appeal is upheld.

(2) Development consent is granted to development application no. DA 91/2023 for a concept development application encompassing Stages 1 and 2 including public roads, public domain layout, building envelopes (retail, residential and childcare centre) and parking, and a detailed development application for Stage 1 including redevelopment of the southern part of the existing shopping centre, construction of basement parking, childcare centre, mixed use residential development, demolition of existing dwelling and construction of a new road, associated landscaping and civil works at 353-355 Waterloo Road and 87 Norfolk Road, Greenacre, subject to the conditions of consent in Annexure A.

Catchwords:

APPEAL – development application – redevelopment of existing shopping centre – concept plan and Stage 1 DA – agreed conditions

Cases Cited:

Henroth Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1700

Category:

Principal judgment

Parties:

Henroth Pty Ltd (Applicant)
Canterbury-Bankstown Council (Respondent)

Representation:

Counsel:
A Galasso SC (Applicant)
G Farland / T Poisel (Respondent)

Solicitors:
Mills Oakley (Applicant)
Canterbury-Bankstown Council (Respondent)

File Number(s):

2023/128962

Publication restriction:

Nil

JUDGMENT

1. On 29 October 2024, I handed down my reasons for judgment in the Class 1 appeal, Henroth Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1700. At [277], I directed the parties to confer and amend the conditions of consent in accordance with my reasons for judgment and to provide a copy to the Court.

2. As I am satisfied having reviewed the agreed conditions of consent provided on 14 November 2024 that they are acceptable, I now make the following orders:

1. The appeal is upheld.

2. Development consent is granted to development application no. DA 91/2023 for a concept development application encompassing Stages 1 and 2 including public roads, public domain layout, building envelopes (retail, residential and childcare centre) and parking, and a detailed development application for Stage 1 including redevelopment of the southern part of the existing shopping centre, construction of basement parking, childcare centre, mixed use residential development, demolition of existing dwelling and construction of a new road, associated landscaping and civil works at 353-355 Waterloo Road and 87 Norfolk Road, Greenacre, subject to the conditions of consent in Annexure A.

……………….

S Dixon

Senior Commissioner of the Court

Annexure A (1087352, pdf)

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Decision last updated: 18 November 2024