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Court supports Council hard line

Court supports Council hard line City of Canterbury Bankstown Administrator, Richard Colley, has warned that Council is not afraid to take property owners, developers and certifiers alike to the courts. No Court supports Council hard line City of Canterbury Bankstown Administrator, Richard Colley, has warned that Council is not afraid to take property owners, developers and certifiers alike to the courts.
Legal gavel

​City of Canterbury Bankstown Administrator, Richard Colley, has warned that Council is not afraid to take property owners, developers and certifiers alike to the courts.

"Over the past three months, Council has had five cases before the Land and Environment Court and won all five", Mr Colley said.

The court agreed with Council and refused modifications to previously approved development applications for 418-422 and 424-426 Canterbury Road, Campsie (worth more than $9 million).

"The applicant wanted two additional floors, a rear laneway, and changes to the basement parking and apartment layouts, which went against our development guidelines," Mr Colley said.

The court also: 

  • Supported Council’s decision to refuse a proposed mixed-use development at 297-299 Canterbury Road, worth more than $6 million, due to excessive height; 
  • Dismissed appeals against Council’s decisions to refuse proposals for a dual occupancy development at Belmore and semi-detached dwelling at Canterbury due to the sites being too small; and 
  • Dismissed an appeal against Council’s decision to prevent an illegal brothel from continuing operations in Campsie.

"I am very proud that our new Council has one of the most efficient development application assessment records in Sydney," Mr Colley said.

"We have halved the average time it takes for DA assessments in Canterbury, from a high of 124 days in August last year, to now be on par with Bankstown at 37 days. Importantly, that’s not at the expense of the rigorous assessment process required to be followed by law.

"As these court successes show, we will take legal action against anyone who wants to try and work outside the appropriate development guidelines. They are there for a reason."

Meanwhile, the independent Joint Regional Planning Panel (JRPP) has also recently supported Council’s recommendations to refuse two development applications: 

  • A shop-top housing development in Campsie, worth more than $17 million; and 
  • A $7 million multi-dwelling development in Roselands.

 2/03/2017 4:57 PM