Aslan Investments Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1042

Aslan Investments Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1042

All jurisdictional prerequisites being satisfied and the parties' decision being a decision the Court could make, development consent was granted in accordance with agreement reached under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Aslan Investments Pty Ltd; Respondent: Canterbury-Bankstown Council
Jurisdiction
Australia
Judgment Date
07 February 2019
Procedural Posture
Class 1 Appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Residential Flat Building, Affordable Rental Housing, Consent Orders
Planning Law Development Application Residential Flat Building Affordable Rental Housing Consent Orders

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Parties

Aslan Investments Pty Ltd

Applicant

Canterbury-Bankstown Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 Whether jurisdictional prerequisites for grant of development consent are satisfied
  2. 2 Whether development consent should be granted pursuant to parties' agreement under s 34(3) Land and Environment Court Act 1979

Ratio Decidendi

All jurisdictional prerequisites being satisfied and the parties' decision being a decision the Court could make, development consent was granted in accordance with agreement reached under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application No. 222/2017, for the demolition of existing structures and construction of a three storey residential flat building comprising twenty apartments (16 x 2 bedroom and 4 x 1 bedroom apartments) over basement car parking for 23 vehicles at 144-148 Evaline...