Chen v Canterbury-Bankstown Council [2024] NSWLEC 1154

Chen v Canterbury-Bankstown Council [2024] NSWLEC 1154

There is no legal impediment to the grant of development consent as agreed by the parties, the amended development application satisfies all relevant planning and statutory requirements, and orders, including payment of costs and grant of development consent subject to conditions, should be made.

Parties
Applicant: Andrew Chen; Respondent: Canterbury-Bankstown Council
Jurisdiction
Australia
Judgment Date
04 April 2024
Procedural Posture
Class 1 Development Appeal / Judgment After Conciliation Conference and Joint Submissions
Outcome
Appeal upheld; development consent granted subject to conditions; costs thrown away awarded to respondent.
Legal Topics
Development Consent, Affordable Housing, Environmental Planning, Local Environmental Plans, Costs Orders
Planning and Environment Development Consent Affordable Housing Environmental Planning Local Environmental Plans Costs Orders

Case Brief

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Parties

Andrew Chen

Applicant

Canterbury-Bankstown Council

Respondent

Procedural Posture

Class 1 Development Appeal / Judgment After Conciliation Conference and Joint Submissions

Legal Issues

  1. 1 Whether the amended development application for demolition and construction of a multi-dwelling housing development with affordable housing satisfies statutory requirements for consent
  2. 2 Whether there is any legal or jurisdictional impediment to granting consent as agreed by the parties
  3. 3 Whether costs 'thrown away' by amendment of the development application should be awarded

Ratio Decidendi

There is no legal impediment to the grant of development consent as agreed by the parties, the amended development application satisfies all relevant planning and statutory requirements, and orders, including payment of costs and grant of development consent subject to conditions, should be made.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs thrown away awarded to respondent.

Orders

  • The applicant is to pay the respondent's costs 'thrown away' by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $8,000 payable within 28 days of this order.
  • The appeal is upheld.