Whitara Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1477

Whitara Pty Ltd v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1477

The appeal was upheld and consent granted because the applicant's amendments to the development application addressed the Council's contentions on traffic, contamination, and waste, and the Court found the substantive development unchanged. All statutory requirements under the Environmental Planning and Assessment Act 1979 and its Regulation had been satisfied.

Jurisdiction
Australia
Judgment Date
23 August 2021
Procedural Posture
Class 1 Appeal / Final Orders After Principal Judgment
Outcome
Appeal upheld; consent granted to the amended development application; applicant to pay respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Application' 'alteration and Additions' 'self Storage Warehouse' 'traffic Safety' 'site Contamination' 'final Orders']
['planning and Environment Law'] ['development Application' 'alteration and Additions' 'self Storage Warehouse' 'traffic Safety' 'site Contamination' 'final Orders']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Orders After Principal Judgment

Legal Issues

  1. 1 ['Whether the amended development application for alterations and additions to an existing warehouse complex (including new self-storage units) should be granted consent' "Whether the amendments to plans addressed Council's contentions on traffic sight lines, waste management, and site contamination"]

Ratio Decidendi

The appeal was upheld and consent granted because the applicant's amendments to the development application addressed the Council's contentions on traffic, contamination, and waste, and the Court found the substantive development unchanged. All statutory requirements under the Environmental Planning and Assessment Act 1979 and its Regulation had been satisfied.

Court Disposition

Appeal upheld; consent granted to the amended development application; applicant to pay respondent's costs thrown away as agreed or assessed.

Orders

  • ['The appeal is upheld.' 'Consent is granted to Development Application No. 568/2020 for alterations and additions to an existing warehouse complex, including a series of self-storage units in accordance with the conditions of consent, on Lot 6 in Deposited Plan 1030800 known as 62 Belmore Road North, Riverwood NSW...