Innerwest 888 Pty Ltd v Canterbury Bankstown Council

Innerwest 888 Pty Ltd sought judicial review of a decision made by the Canterbury Bankstown Council to refuse approval of a development application for a mixed-use project in Ashbury. The matter was heard in the Supreme Court of New South Wales. The developer argued that the council's decision was flawed, and that the refusal was based on an incorrect interpretation of the relevant planning policies and legislation.

The court was required to determine whether the council's decision was legally sound, and whether the developer's application was in accordance with the relevant planning laws. The primary issues revolved around the interpretation of the Canterbury Local Environmental Plan 2012 and the Local Planning Instrument 2016. The court also had to consider whether the council had acted irrationally or unfairly in reaching its decision.

The Supreme Court found that the council's decision was based on a proper and rational consideration of the relevant planning policies and legislation. The court held that the council was entitled to refuse the development application based on the identified issues with the proposed development. The court further found that the developer had not demonstrated that the council's decision was unreasonable or unlawful. The appeal was dismissed, and the council's decision was upheld.