Level 1 Construction Pty Ltd v Canterbury-Bankstown Council

Level 1 Construction Pty Ltd, the applicant, sought to amend its development application to the Canterbury-Bankstown Council, the respondent, to permit the construction of a mixed-use development at a property in Sefton. The applicant's appeal against the Council's refusal to grant development consent was heard by the Land and Environment Court of New South Wales. The applicant's appeal was based on the contention that the Council had incorrectly assessed the proposed development against the wrong zoning and planning controls. The Court was required to determine whether the applicant's proposed development was in accordance with the relevant planning instruments and whether the Council's decision to refuse development consent was lawful.

The Court found that the Council had erred in law by applying the wrong zoning and planning controls to the proposed development. The Court found that the proposed development was in accordance with the relevant planning instruments and that the applicant had demonstrated that it had taken all reasonable steps to mitigate any potential adverse impacts of the proposed development. The Court found that the Council's decision to refuse development consent was therefore unlawful. The Court also found that the applicant's proposed development would not have any significant adverse impact on the character or appearance of the area and that the applicant had demonstrated that it had taken all reasonable steps to mitigate any potential adverse impacts of the proposed development.

The Court granted the applicant's appeal and ordered that development consent be granted for the demolition of existing structures and the construction of a mixed-use development comprising a multi-dwelling housing development with 9 dwellings and a neighbourhood shop, at 29-31 Helen Street, Sefton, subject to the conditions in Annexure A. The Court also granted the applicant leave to amend the development application to rely on the consolidated set of architectural plans dated June 2021 contained in Ex E. The exhibits were returned, except for Exhibits A, C, D and E.