Statewide Planning Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1269

Statewide Planning Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1269

The Court found that conditions of consent provided are in accordance with the earlier judgment upholding the appeal, and accordingly ordered development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
25 May 2021
Procedural Posture
Appeal / Final Judgment; Orders After Earlier Reasons
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'site Isolation' 'planning Principles']
['planning and Environment Law'] ['development Application' 'site Isolation' 'planning Principles']

Case Brief

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Procedural Posture

Appeal / Final Judgment; Orders After Earlier Reasons

Legal Issues

  1. 1 ['Whether development consent should be granted for demolition and construction of a multi-storey residential flat building' 'Whether the proposed development isolates adjoining corner lot' 'Relevance of planning principles in assessment']

Ratio Decidendi

The Court found that conditions of consent provided are in accordance with the earlier judgment upholding the appeal, and accordingly ordered development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['The appeal is upheld.' 'Development consent is granted to DA-255/2018 for the demolition of existing structures and the construction of a part five and part six-storey residential flat building containing 59 apartments over two levels of basement parking on a site known as 754-774 Canterbury Road, Belmore, subject...