Henroth Pty Ltd v Canterbury-Bankstown Council (No 2) [2024] NSWLEC 1740

The appeal is upheld and development consent is granted, as the agreed conditions now satisfy the Court's requirements set out in the previous reasons for judgment.

Parties: Applicant: Henroth Pty Ltd; Respondent: Canterbury-Bankstown Council
Jurisdiction: Australia
Judgment Date: 18 November 2024
Procedural Posture: Appeal / Development Application Appeal, Orders Following Judgment
Outcome: Appeal upheld; development consent granted subject to conditions
Legal Topics: Development Applications, Redevelopment, Concept Plan, Conditions of Consent

Environment and Planning Law Development Applications Redevelopment Concept Plan Conditions of Consent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1

Parties

Henroth Pty Ltd

Applicant

Canterbury-Bankstown Council

Respondent

Procedural Posture

Appeal / Development Application Appeal, Orders Following Judgment

Legal Issues

1 Whether the development application for redevelopment and concept plan should be granted consent and under what conditions

Ratio Decidendi

The appeal is upheld and development consent is granted, as the agreed conditions now satisfy the Court's requirements set out in the previous reasons for judgment.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

The appeal is upheld.
Development consent is granted to development application no. DA 91/2023 for a concept development application encompassing Stages 1 and 2 including public roads, public domain layout, building envelopes (retail, residential and childcare centre) and parking, and a detailed development application for Stage 1...