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

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

The Applicant secured and provided an updated BASIX Certificate (No. 992320M_02) that could be relied upon in relation to the amended plans, enabling the Court to make final orders disposing of the appeal by granting leave to rely on amended plans, upholding the appeal, and granting consent to DA-499/2019 subject to conditions.

Jurisdiction
Australia
Judgment Date
29 July 2021
Procedural Posture
Class 1 Appeal / Consequential Orders
Outcome
The appeal is upheld and development application DA-499/2019 is determined by the grant of consent, subject to the conditions at Annexure A.
Legal Topics
['development Application' 'mixed Use Development' 'height of Building Development Standard' 'solar Access to Apartments' 'window Plenums' 'setbacks' 'basix Certificate']
['planning and Environment Law'] ['development Application' 'mixed Use Development' 'height of Building Development Standard' 'solar Access to Apartments' 'window Plenums' 'setbacks' 'basix Certificate']

Case Brief

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Procedural Posture

Class 1 Appeal / Consequential Orders

Legal Issues

  1. 1 ['Whether the Applicant had provided an updated BASIX Certificate that could be relied upon in relation to the amended plans so that final orders could be made.' 'Whether leave should be granted to rely on amended plans.' 'Whether the development application should be determined by the grant of consent subject to conditions.']

Ratio Decidendi

The Applicant secured and provided an updated BASIX Certificate (No. 992320M_02) that could be relied upon in relation to the amended plans, enabling the Court to make final orders disposing of the appeal by granting leave to rely on amended plans, upholding the appeal, and granting consent to DA-499/2019 subject to conditions.

Court Disposition

The appeal is upheld and development application DA-499/2019 is determined by the grant of consent, subject to the conditions at Annexure A.

Orders

  • ['The Applicant is granted leave to rely on amended plans.' 'The appeal is upheld.' "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...