Costas v Canterbury Bankstown Council [2022] NSWLEC 1262

Costas v Canterbury Bankstown Council [2022] NSWLEC 1262

Having satisfied all jurisdictional and statutory requirements, including adequate justification for the variation to height standards under cl 4.6 of the CLEP and addressing planning and environmental concerns, the Court upholds the appeal and grants consent to the amended Development Application subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
27 May 2022
Procedural Posture
Appeal / Final Judgment After Conciliation Conference and Agreement
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs thrown away due to amendment of $5,000.
Legal Topics
['development Application' 'shop Top Housing Development' 'building Height Variation' 'consent Orders' 'environmental Planning' 'design Quality' 'heritage Impact' 'waste Management']
['planning and Environment'] ['development Application' 'shop Top Housing Development' 'building Height Variation' 'consent Orders' 'environmental Planning' 'design Quality' 'heritage Impact' 'waste Management']

Case Brief

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Procedural Posture

Appeal / Final Judgment After Conciliation Conference and Agreement

Legal Issues

  1. 1 ['Whether amended Development Application DA-503/2018 should be approved, including variation to height of buildings standard under cl 4.3 and 4.6 of the CLEP' 'Whether jurisdictional prerequisites for the grant of consent have been met' 'Whether the proposal addresses site remediation, heritage, stormwater, earthworks, traffic, waste management and amenity concerns']

Ratio Decidendi

Having satisfied all jurisdictional and statutory requirements, including adequate justification for the variation to height standards under cl 4.6 of the CLEP and addressing planning and environmental concerns, the Court upholds the appeal and grants consent to the amended Development Application subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs thrown away due to amendment of $5,000.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA-503/2018 and rely on the amended plans and documents listed at condition 1 of Annexure A.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result...