Katcorp Developments Pty Ltd v Canterbury Bankstown Council [2021] NSWLEC 1062

Katcorp Developments Pty Ltd v Canterbury Bankstown Council [2021] NSWLEC 1062

The amended development application is permissible with consent, complies with relevant planning instruments, addresses environmental and social impacts, and is acceptable to both parties. The Court is therefore required by s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and approve the development application subject to agreed conditions.

Parties
Applicant: Katcorp Developments Pty Ltd; Respondent: Canterbury Bankstown Council
Jurisdiction
Australia
Judgment Date
10 February 2021
Procedural Posture
Class 1 Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld, development application approved with conditions, applicant to pay respondent's agreed costs.
Legal Topics
Development Application, Multi Dwelling Housing, Conciliation Conference, Appeal Against Deemed Refusal, Development Consent
Planning and Environment Law Development Application Multi Dwelling Housing Conciliation Conference Appeal Against Deemed Refusal Development Consent

Case Brief

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Parties

Katcorp Developments Pty Ltd

Applicant

Canterbury Bankstown Council

Respondent

Procedural Posture

Class 1 Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether the amended development application complies with relevant planning instruments and controls
  2. 2 Whether development consent should be granted under s 4.16 of the Environmental Planning and Assessment Act 1979
  3. 3 Whether the agreement between the parties is a decision the Court could have made in the proper exercise of its functions

Ratio Decidendi

The amended development application is permissible with consent, complies with relevant planning instruments, addresses environmental and social impacts, and is acceptable to both parties. The Court is therefore required by s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and approve the development application subject to agreed conditions.

Court Disposition

Appeal upheld, development application approved with conditions, applicant to pay respondent's agreed costs.

Orders

  • The Applicant is granted leave to amend the development application and rely on the plans referred to at condition 2 in Annexure A.
  • The appeal is upheld.