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

[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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Decision last updated: 25 May 2021