Frederick Street 1 Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1433

Frederick Street 1 Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1433

The appeal is upheld and consent granted for DA-2/2019 based on satisfaction of statutory planning requirements, compliance with relevant planning instruments, and the resolution of amenity, character, and contamination issues through amended plans and agreed conditions.

Jurisdiction
Australia
Judgment Date
21 September 2020
Procedural Posture
Class 1 Appeal / Appeal Against Deemed Refusal; Post Conciliation Conference; Judgment and Orders Issued
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'residential Flat Building' 'amenity' 'character' 'contamination Assessment' 'conciliation Conference' 'agreement Between Parties']
['planning Law' 'environmental Law'] ['development Application' 'residential Flat Building' 'amenity' 'character' 'contamination Assessment' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Class 1 Appeal / Appeal Against Deemed Refusal; Post Conciliation Conference; Judgment and Orders Issued

Legal Issues

  1. 1 ['Whether planning and statutory requirements are satisfied for granting consent to DA-2/2019' 'Whether amended plans resolve previous contentions and amenity impacts' 'Whether site contamination has been adequately addressed']

Ratio Decidendi

The appeal is upheld and consent granted for DA-2/2019 based on satisfaction of statutory planning requirements, compliance with relevant planning instruments, and the resolution of amenity, character, and contamination issues through amended plans and agreed conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['The Applicant is granted leave to amend the development application and rely on the amended plans and documents in condition 2 of Annexure A.' "Pursuant to s8.15(3) of the Environmental Planning and Assessment Act, the applicant is to pay the respondent's s8.15(3) costs thrown away in the proceeding in the agreed...