Nicholas v Canterbury-Bankstown Council (No 2)

[2021] NSWLEC 1430

Land and Environment Court

New South Wales

Medium Neutral Citation:

Nicholas v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1430

Hearing dates:

7 and 8 April 2021

Date of orders:

29 July 2021

Decision date:

29 July 2021

Jurisdiction:

Class 1

Before:

Chilcott C

Decision:

The Court orders:

(1) The Applicant is granted leave to rely on amended plans.

(2) The appeal is upheld.

(3) The Applicant’s development application DA-499/2019 seeking consent for the demolition of existing structures and construction of a six-storey mixed use development at 610-616 Canterbury Road, Belmore is determined by the grant of consent, subject to the conditions at Annexure A.

(4) The exhibits are returned, except A and 1.

Catchwords:

DEVELOPMENT APPLICATION – mixed use development – written request to contravene height of building development standard – request upheld – whether adequate solar access provided to apartments – whether window plenums should be deleted – whether setbacks are acceptable.

Cases Cited:

Nicholas v Canterbury-Bankstown Council [2021] NSWLEC 1400

Category:

Consequential orders

Parties:

Andrew Nicholas (Applicant)
Canterbury-Bankstown Council (Respondent)

Representation:

Counsel:
N Eastman (Applicant)
M Bonanno (Solicitor) (Respondent)

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

File Number(s):

2020/182367

Publication restriction:

No

Judgment

1. COMMISSIONER: On 13 July 2021, I handed down my reasons in the Class 1 appeal (Nicholas v Canterbury-Bankstown Council [2021] NSWLEC 1400) (the Principal Judgment) and upheld the appeal, subject to conditions.

2. In the Principal Judgment the Applicant was directed to confirm the status of its BASIX Certificate, tendered as evidence at the hearing, concerning its Proposed Development, and, if required, to secure and provide to the Court an updated BASIX Certificate that can be relied upon in relation to its amended plans.

3. The Applicant was further directed to provide its response by no later than 3pm on Friday 23 July 2021.

4. The Applicant has now secured and provided to the Court an updated BASIX Certificate (No. 992320M_02) that can be relied upon in relation to its amended plans and I am able to make final orders to dispose of this appeal.

Orders

5. The Court orders:

1. The Applicant is granted leave to rely on amended plans.

2. The appeal is upheld.

3. The Applicant’s development application DA-499/2019 seeking consent for the demolition of existing structures and construction of a six-storey mixed use development at 610-616 Canterbury Road, Belmore is determined by the grant of consent, subject to the conditions at Annexure ‘A’.

4. The exhibits are returned, except for A and 1.

..…………….

M Chilcott

Commissioner of the Court

Annexure A (337260, pdf)

**********

Decision last updated: 29 July 2021