Dangar (Penrith) Pty Ltd v Canterbury-Bankstown Council

Land and Environment Court New South Wales Medium Neutral Citation: Dangar (Penrith) Pty Ltd v Canterbury-Bankstown Council [2026] NSWLEC 1566 Hearing dates: Conciliation Conference 14 August 2026 Date of orders: 02 September 2026 Decision date: 02 September 2026 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application DA-294/2026, as amended, for the demolition of all existing structures to construct a single storey dwelling house above a one level basement, landscaping and site works on land at Lot 102 in Deposited Plan 1131583 and known as 72A Duntroon Street, Hurlstone Park, subject to the conditions in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.10 Land and Environment Court Act 1979 (NSW), ss 17, 34 Civil Procedure Act 2006 (NSW), s 26 Canterbury-Bankstown Local Environmental Plan 2023, cll 4.3, 4.4, 5.10, 6.1, 6.2, 6.3, 6.9 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Canterbury-Bankstown Development Control Plan 2023 Category: Principal judgment Parties: Dangar (Penrith) Pty Ltd

(Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: G Pavlis (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent) Solicitors: Fortis Law (Applicant) Canterbury-Bankstown Council (Respondent) File Number(s): 2026/196543 Publication restriction: Nil Judgment COMMISSIONER: Background This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by the applicant against the respondent’s refusal of the applicant’s Development Application No DA-294/2026 (Development Application) seeking consent for the demolition of existing structures, tree removal, and construction of a single-storey dwelling over basement level, site works including a driveway and landscaping on land legally described as Lot 102 in Deposited Plan 1131583 and known as 72A Duntroon Street, Hurlstone Park (Subject Land). The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (NSW) (LEC Act). The Development Application The Development Application was lodged with the respondent on 11 March 2026. The Development Application was publicly notified between 26 March and 8 April 2026. Three submissions were received in response to the notification raising concerns including noise from works, impacts from excavation and tree removal. On 9

April 2026, the Development Application was refused. On 13 May 2026, the applicant commenced proceedings in relation to the refusal of the Development Application, being within the appeal period prescribed by s 8.10 of the EPA Act. The Court arranged a mediation under s 26 of the Civil Procedure Act 2006 (NSW) which concluded on 30 July 2026. Following the mediation, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties and requested the matter be listed for a conciliation conference under s 34 of the LEC Act. The Court granted this request and the matter was listed on 14 August 2026. I presided over the conciliation conference. The decision agreed upon by the parties is for the grant of consent to the Development Application, in an amended form, subject to conditions of consent (Amended Development Application). The final signed agreement was provided to the Court on 28 August 2026 and is supported by an agreed jurisdictional statement. The amendments were provided to the Court on 13 and 28 August 2026 and included decreasing the size of, and amending the design of, the basement and provided an Acid Sulfate Soils Management Plan prepared by EI Australia dated 27 August 2026 (ASS Management Plan). Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the

parties’ decision is a decision that the Court could have made in the proper exercise of its functions. Jurisdictional considerations As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). I form this state of satisfaction for the reasons that follow. Owners’ consent The applicant is the registered proprietor of the Subject Land and consent was provided to the lodgement of the Development Application (see Class 1 Application, tab 12). State Environmental Planning Policy (Resilience and Hazards) 2021 In respect of s 4.6 of the State Environmental Planning Policy (Resilience and Hazards) 2021 (RH SEPP), I accept the parties’ submission that the Subject Land is suitable for the proposed use on the basis that: the Subject Land has a long-standing residential use; the Subject Land has no known history of contaminating uses; the Geotechnical Investigation Report prepared by Geonalysis dated 10 March 2026 (Geotech Report) confirms that no environmental issues were identified during the geotechnical investigation of the Subject Land; and various conditions of consent have been included to address any risks associated with the identification of any contamination on the site. State Environmental Planning Policy (Sustainable Buildings) 2022 The

Development Application is accompanied by BASIX certificate (number 1834049S) prepared by Certified Energy dated 20 February 2026. The parties agree, and I accept, that the amendments to the application did not require an updated BASIX certificate. Canterbury-Bankstown Local Environmental Plan 2023 The Subject Land is zoned R2 Low Density Residential under the Canterbury-Bankstown Local Environmental Plan 2023 (CBLEP). Accordingly, the proposed development is permissible with consent in the R2 zone. I have had regard to the zone objectives which are extracted below: • To provide for the housing needs of the community within a low density residential environment. • To enable other land uses that provide facilities or services to meet the day to day needs of residents. • To allow for certain non-residential uses that are compatible with residential uses and do not adversely affect the living environment or amenity of the area. • To ensure suitable landscaping in the low density residential environment. • To minimise and manage traffic and parking impacts. • To minimise conflict between land uses within this zone and land uses within adjoining zones. • To promote a high standard of urban design and local amenity. An assessment of the proposed development against the R2 zone objectives is set out at pp 17-19 of the Statement of Environmental Effects prepared by GAT & Associates

dated March 2026 (SEE). The parties agree that the Amended Development Application is consistent with the objectives of the R2 zone insofar as they are relevant. Clause 4.3 of the CBLEP prescribes a maximum building height of 8.5 m for the Subject Land. The parties agree that the Amended Development Application complies with this standard. Clause 4.4 of the CBLEP prescribes a maximum floor space ratio of 0.5:1. The parties agree that the Amended Development Application complies with this standard. Pursuant to cl 5.10 of the CBLEP relating to heritage conservation, the Subject Land is located within the Duntroon Street Heritage Conservation Area and the consent authority must therefore relevantly consider the effect of the proposed development on the heritage significance of the heritage conservation area. The parties agree, and I accept, that the proposal is acceptable having regard to the findings of the Statement of Heritage Impact prepared by NWT Heritage Consulting dated February 2026. Pursuant to cl 6.1 of the CBLEP relating to acid sulfate soils, the Subject Land is identified as containing Class 5 acid sulfate soils. The Subject Land is located within 500 m of adjacent Class 1, 2, 3 or 4 land and by which the water table is likely to be lowered below one metre. The parties agree, and I accept, that the proposal satisfies the requirements in cl 6.1(3) having regard to the

ASS Management Plan. Pursuant to cl 6.2 of the CBLEP relating to earthworks, the consent authority must consider specified matters before granting development consent. The parties agree, and I accept, that the matters listed in cl 6.2(3) of the CBLEP have been adequately considered having regard to the Geotech Report, SEE (pp 29-30) and agreed conditions of consent. Pursuant to cl 6.3 of the CBLEP relating to stormwater management and water sensitive urban design, the consent authority must be satisfied of specified matters before granting development consent. The parties agree, and I accept, that the matters listed in cl 6.3(3) have been addressed and satisfied, having regard to the Stormwater Plans prepared by Telford Civil dated 19 February 2026. Pursuant to cl 6.9 of the CBLEP relating to essential services, before granting development consent, the consent authority must be satisfied of the matters listed in cl 6.9. I am satisfied, having regard to the existing services connected to the Subject Land and those proposed as part of the Amended Development Application, that the necessary utility services and supply are available and will be connected to the proposed development (see also SEE, p 30). Canterbury-Bankstown Development Control Plan 2023 An assessment of relevant provisions of the Canterbury-Bankstown Development Control Plan 2023 is contained at pp 31-76 of the

SEE. Remaining matters under s 4.15(1) of the EPA Act The matters listed in s 4.15(1)(b), (c) and (e) are considered generally in the SEE (see pp 23-24). In respect of s 4.15(1)(d) of the EPA Act, as set out above, the Development Application was publicly notified between 26 March and 8 April 2026. Three submissions were received in response to the notification raising concerns including noise from works, impacts from excavation and tree removal. I am satisfied that the written submissions have been taken into consideration in the assessment and determination of the Amended Development Application. Conclusion As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties. The Court notes that: The respondent, as the relevant consent authority, has approved under s 38(1) of the Environmental Planning and Assessment Regulation 2021 (NSW), the amendment of Development Application DA-294/2026 in accordance with the following amended plans: 1. Architectural Cover Page - Lichah K Design Studio - 12 Jul

2026 Index DA-000-002 Lichah K Design Studio 02 12 Jul 2026 Project Compliance DA-000-003 Lichah K Design Studio 02 12 Jul 2026 Survey DA-001-001 Lichah K Design Studio 02 12 Jul 2026 Location Plan DA-001-002 Lichah K Design Studio 02 12 Jul 2026 Ariel Context DA-001-003 Lichah K Design Studio 02 12 Jul 2026 Site Context Plan DA-001-004 Lichah K Design Studio 02 12 Jul 2026 Photographs DA-001-005 Lichah K Design Studio 02 12 Jul 2026 Site Analysis – Constraints DA-001-006 Lichah K Design Studio 02 12 Jul 2026 Site Analysis - Opportunities DA-001-007 Lichah K Design Studio 02 12 Jul 2026 Site Plan DA-001-008 Lichah K Design Studio 02 12 Jul 2026 Demolition Plan DA-002-001 Lichah K Design Studio 02 12 Jul 2026 Site Controls / Grid Setout DA-002-002 Lichah K Design Studio 02 12 Jul 2026 Bulk Excavation DA-002-003 Lichah K Design Studio 02 12 Jul 2026 Basement DA-110-001 Lichah K Design Studio 02 12 Jul 2026 Ground DA-110-002 Lichah K Design Studio 02 12 Jul 2026 Roof DA-110-003 Lichah K Design Studio 02 12 Jul 2026 North Elevations DA-120-001 Lichah K Design Studio 02 12 Jul 2026 East Elevation DA-120-002 Lichah K Design Studio 02 12 Jul 2026 South Elevation DA-120-003 Lichah K Design Studio 02 12 Jul 2026 West Elevation DA-120-004 Lichah K Design Studio 02 12 Jul 2026 Section AA DA-130-001 Lichah K Design Studio 02 12 Jul 2026 Section BB DA-130-002 Lichah K Design Studio 02 12

Jul 2026 Section CC DA-130-003 Lichah K Design Studio 02 12 Jul 2026 Section DD DA-130-004 Lichah K Design Studio 02 12 Jul 2026 Height Plan Design DA-700-001 Lichah K Design Studio 02 12 Jul 2026 Landscape & Deep Soil Diagram DA-701-001 Lichah K Design Studio 02 12 Jul 2026 June 21 – Sheet 01 DA-702-001 Lichah K Design Studio 02 12 Jul 2026 June 21 – Sheet 02 DA-702-002 Lichah K Design Studio 02 12 Jul 2026 June 21 – Winter DA-703-001 Lichah K Design Studio 02 12 Jul 2026 December 21 – Summer DA-703-002 Lichah K Design Studio 02 12 Jul 2026 Basement DA-710-001 Lichah K Design Studio 02 12 Jul 2026 Ground DA-710-001 Lichah K Design Studio 02 12 Jul 2026 Ground DA-711-001 Lichah K Design Studio 02 12 Jul 2026 Sheet 01 DA-800-001 Lichah K Design Studio 02 12 Jul 2026 Glazing Schedule DA-804-001 Lichah K Design Studio 02 12 Jul 2026 View 1 DA-900-001 Lichah K Design Studio 02 12 Jul 2026 View 2 DA-900-002 Lichah K Design Studio 02 12 Jul 2026 View 3 DA-900-003 Lichah K Design Studio 02 12 Jul 2026 Ground BSX DA-910-002 Lichah K Design Studio 02 12 Jul 2026 Roof BSX DA-910-003 Lichah K Design Studio 02 12 Jul 2026 16. Swept Paths Swept Paths 02A -SPT 01 McLaren Traffic A 16 Jul 2026 Swept Paths 03A - SPT 02 McLaren Traffic A 16 Jul 2026 19. Geotechnical Investigation Geonalysis 1 10 Mar 2026 20. Acid Sulphate Soil Management Plan EI Australia 0 27 August 2026 The applicant provided

the amended plans and documents outlined above to the Court on 13 and 28 August 2026. Orders The Court orders that: The appeal is upheld. Development consent is granted to development application DA-294/2026, as amended, for the demolition of all existing structures to construct a single storey dwelling house above a one level basement, landscaping and site works on land at Lot 102 in Deposited Plan 1131583 and known as 72A Duntroon Street, Hurlstone Park, subject to the conditions in Annexure A. I certify that this and the preceding 7 pages are a true copy of my reasons for judgment. N Targett Commissioner of the Court ** Annexure A (318 KB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 02 September 2026