Louden Pty Ltd v Canterbury-Bankstown Council

Louden Pty Ltd sought an appeal against a decision of the Canterbury-Bankstown Council to refuse development consent for the demolition of existing structures and the construction of a four storey residential flat building at 48 Jacobs Street, Bankstown. The Local Land Services also intervened in the matter, challenging Louden’s proposal. The appeal was brought to the Land and Environment Court of New South Wales.

The central legal issue before the court was whether the proposal complied with the State Environmental Planning Policy (Affordable Rental Housing) 2009, and whether it was in the public interest to grant development consent. Specifically, the court had to determine whether the applicant’s proposal was consistent with the objectives of the policy, and whether the applicant had adequately demonstrated that the proposal was consistent with the public interest.

The court found that the applicant's proposal was consistent with the objectives of the policy, including the provision of affordable rental housing. The court held that the applicant had demonstrated that the proposal was in the public interest, taking into account the benefits of the proposal, such as the provision of additional housing stock and the contribution to the local economy. The court also found that the proposal was consistent with the relevant planning controls, including the Local Environment Plan. Accordingly, the court granted the appeal and ordered that development consent be granted for the proposal, subject to certain conditions.