Atom Australia Pty Ltd v City of Canterbury-Bankstown [2019] NSWLEC 1603

Atom Australia Pty Ltd v City of Canterbury-Bankstown [2019] NSWLEC 1603

The amended plans and supporting documents satisfied the relevant planning controls, including the State Environmental Planning Policy (Affordable Rental Housing) 2009, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Bankstown Local Environmental Plan 2014 and Bankstown Development...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 December 2019
Procedural Posture
Class 1 Appeal Against a Deemed Refusal of Development Application 968/2018 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties and Final Orders
Outcome
Appeal upheld; Development Application 968/2018 approved subject to conditions.
Legal Topics
['development Application' 'boarding House' 'deemed Refusal Appeal' 'conciliation Conference' 'character and Streetscape' 'lot Isolation' 'floor Space Ratio' 'conditions of Consent']
['planning and Environment Law'] ['development Application' 'boarding House' 'deemed Refusal Appeal' 'conciliation Conference' 'character and Streetscape' 'lot Isolation' 'floor Space Ratio' 'conditions of Consent']

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Procedural Posture

Class 1 Appeal Against a Deemed Refusal of Development Application 968/2018 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties and Final Orders

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application 968/2018, as amended, satisfied the relevant planning controls and jurisdictional prerequisites under s 4.15(1) of the Environmental Planning and Assessment Act 1979.' 'Whether consent should be granted for demolition of existing structures and construction of a boarding house at 2-4 Petty Avenue, Yagoona.']

Ratio Decidendi

The amended plans and supporting documents satisfied the relevant planning controls, including the State Environmental Planning Policy (Affordable Rental Housing) 2009, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Bankstown Local Environmental Plan 2014 and Bankstown Development Control Plan 2014; the parties' contentions were resolved; there were no jurisdictional impediments; and the agreed decision was one the Court could make in the proper exercise of its functions, requiring disposal in accordance with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; Development Application 968/2018 approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans copies of which are marked Annexure "A" for the purpose of the development application.' "The Applicant is to pay the Respondent's costs thrown away under s8 15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $5,500.00...