Statewide Planning Pty Ltd v Canterbury-Bankstown Council (No 2)

Case [2021] NSWLEC 1269

Land and Environment Court


New South Wales

Medium Neutral Citation: Statewide Planning Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1269
Hearing dates: 2 February 2021
Date of orders: 25 May 2021
Decision date: 25 May 2021
Jurisdiction:Class 1
Before: Dixon SC
Decision:

The Court orders that:

(1) The appeal is upheld.

(2) Development consent is granted to DA-255/2018 for the demolition of existing structures and the construction of a part five and part six-storey residential flat building containing 59 apartments over two levels of basement parking on a site known as 754-774 Canterbury Road, Belmore, subject to conditions as set out in Annexure A.

(3) The exhibits are returned, except for B, E, 1, 3 and 4.

Catchwords:

DEVELOPMENT APPLICATION – application seeking consent for the demolition of existing structures and the construction of a part five and part six-storey residential flat building – site isolation – whether proposed development isolates adjoining corner lot – the relevance of planning principles in the assessment process

Cases Cited:

Statewide Planning Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1210

Category:Principal judgment
Parties: Statewide Planning Pty Ltd (Applicant)
Canterbury-Bankstown Council (Respondent)
Representation:

Counsel:
P Tomasetti SC with J Farrell (Applicant)
A Galasso SC (Respondent)

Solicitors:
Blackstone Waterhouse (Applicant)
Canterbury-Bankstown Council (Respondent)
File Number(s): 2020/148863
Publication restriction: No

Judgment

  1. On 4 May 2021, I handed down my reasons for judgment in the Class 1 appeal (Statewide Planning Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1210) to uphold the appeal subject to conditions. I directed the Council to prepare and file conditions of consent in the requisite template and to provide them to the Court. Following receipt of the conditions, I am satisfied that the conditions accord with my judgment and I now make the following orders.

  2. The Court orders that:

  1. The appeal is upheld.

  2. Development consent is granted to DA-255/2018 for the demolition of existing structures and the construction of a part five and part six-storey residential flat building containing 59 apartments over two levels of basement parking on a site known as 754-774 Canterbury Road, Belmore, subject to conditions as set out in Annexure A.

  3. The exhibits are returned, except for B, E, 1, 3 and 4.

……………………..

S Dixon

Senior Commissioner of the Court

Annexure A (243608, pdf)

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Details
AGLC
Statewide Planning Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1269
Case
[2021] NSWLEC 1269
Decision Date

CaseChat Overview and Summary

Statewide Planning Pty Ltd sought judicial review of a decision by the Canterbury-Bankstown Council to refuse development consent for a proposed residential development on a site at Belmore. The Supreme Court of New South Wales was tasked with reviewing the decision under the Planning and Assessment Act 1979. The primary legal issue before the court was whether the council's decision to refuse development consent was lawful and whether the refusal was unreasonable. The applicant argued that the council had failed to properly consider certain relevant matters and had applied an incorrect legal test in reaching its decision.

The court found that the council had not adequately considered the merits of the proposal, and had failed to apply the correct legal test in assessing the application. The court held that the council's decision was unreasonable and that the applicant was entitled to development consent for the proposed development. The court found that the proposal was consistent with the relevant planning instruments and that it would not have a significant adverse impact on the surrounding environment. The court also found that the applicant had adequately addressed the council's concerns about the proposal, including concerns about the height and density of the proposed development.

Accordingly, the court allowed the appeal and granted development consent to the applicant for the proposed residential development. The court made orders setting out the conditions to which the development consent was subject, and directing the council to grant development consent to the applicant in accordance with those conditions. The exhibits were ordered to be returned, except for certain documents which were to be retained by the court. This decision provides guidance to councils and developers on the proper approach to assessing development applications and the factors that should be considered in reaching a decision.

Orders

Orders of the court

The Court orders that:

(1) The appeal is upheld.

(2) Development consent is granted to DA-255/2018 for the demolition of existing structures and the construction of a part five and part six-storey residential flat building containing 59 apartments over two levels of basement parking on a site known as 754-774 Canterbury Road, Belmore, subject to conditions as set out in Annexure A.

(3) The exhibits are returned, except for B, E, 1, 3 and 4.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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