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Court supports Council rejection of controversial development

Court supports Council rejection of controversial development The City of Canterbury Bankstown has won three major court cases in the Land and Environment Court relating to developments along Canterbury Road. No  

​The City of Canterbury Bankstown has won three major court cases in the Land and Environment Court relating to developments along Canterbury Road.

In late 2014, the former Canterbury Council gave developers the green light to build a $60 million six-storey mixed-use development complex at 548-568 Canterbury Road, Campsie.

A month later, the developers applied to add an extra two floors to the building and an extra basement level, which was approved the following year in December 2015.

The approval resulted in another 70 units being built on top of the already 254-unit complex, which meant the eight-storey tower, when completed, would have comprised 324 units, as well as being 10 metres above Council’s maximum height control of 18 metres.

The decision to approve the extra two floors initially exceeded Council’s own planning controls and were inconsistent with the 2014 Canterbury Residential Development Strategy.

The developers then lodged a further two modification applications in April 2016, seeking changes to the external design, changes to the building separation, modifications to the internal layout and amendments to the rooftop, which would have increased the bulk and floor area of the buildings.

However, in October 2016, the new City of Canterbury Bankstown rejected both modification applications on the already non-compliant development, which resulted in the developers taking legal action.

On 25 August 2017, the Commissioner dismissed both modification applications in the Land and Environment Court, on the basis they “lead to excessive height and impacts on the character of the area”. It was also found there were a number of other design-related issues that needed to be addressed.

A similar court result was handed down for 570-580 Canterbury Road, Campsie. In August 2015, the same developer had approval for a six-storey mixed-used development, comprising 81 residential units, commercial floor space and three levels of basement car parking, with 154 spaces.

Two months later, the developer applied for an additional two residential levels, comprising a further 21 units. When the application was refused by the new City of Canterbury Bankstown in October 2016, the developer decided to take legal action, but the Land and Environment Court dismissed the application this week (12 September 2017).

Administrator, Richard Colley, said these cases were significant wins for Council.

“They have set a precedent for developers who think they can sidestep the proper planning processes of Council,” he said.

“This decision reiterates that in order to gain approval, developers must comply with Council’s planning controls.”

So far this year, Council has won a further 16 matters:

• 610-618 New Canterbury Road, Hurlstone Park - Appeal dismissed due to height issues;

• 52-54 Eight Avenue, Campsie - appeal dismissed due to additional fourth storey;

• 11-17A Burwood Road, Belfield - Section 34 Agreement after applicant agreed to remove fifth-storey and dedicate land to extend the rear laneway;

• 251-257 and 259-267 Canterbury Road, Canterbury – two appeals withdrawn by the applicant following Court Section 34A Conference to discuss applicant’s breach of building height, Floor Space Ratio (FSR) and setback controls;

• 1262-1270 Canterbury Road, Roselands - applicant agreed before the Court to comply with Council’s key controls, to reduce height, comply with required setbacks and other design changes, in pre-court mediation;

• 146-152 Haldon Street, Lakemba - appeal dismissed after it was determined the application breached the building height and did not provide reasonable internal amenity with respect to sunlight and natural ventilation;

• 11 Rhonda Avenue and 86 Shorter Avenue, Narwee - applicant agreed to comply with Council’s key controls and dedicate a parcel of land for future road works at no public cost, in pre-court mediation;

• 749-757 Canterbury Road, Belmore - applicant agreed to comply with Council’s key controls in regards to height limit, widening two laneways and other design changes, in pre-court mediation;

• 717-727 Canterbury Road, Belmore - applicant agreed to comply with Council’s key controls in regards to height limits and amending design to achieve acceptable solar access to apartments, in pre-court mediation;

• 1-7 Haldon Street, Lakemba - applicant agreed to comply with Council’s key controls to reduce the height of development, in pre-court mediation;

• 29 Trafalgar Street, Belmore - applicant agreed to comply with Council’s key controls to increase the outdoor play space, in pre-court mediation;

• 680-682 Canterbury Road, Belmore - applicant agreed to comply with Council’s key controls to reduce the height of building, provide required car parking and dedicate part of the site to widen the rear laneway, in pre-court mediation;

• 113 Lincoln Street, Belfield - applicant agreed to comply with Council’s key controls to delete the secondary dwelling and comply with the Floor Space Ratio (FSR), in pre-court mediation;

• 326 Marion Street, Condell Park- appeal dismissed after it was determined the applicant was not complying with the minimum lot size and width;

• 754A Henry Lawson Drive, Picnic Point - appeal dismissed after it was determined it was not Council’s responsibility to demonstrate if alternative designs could accommodate for a dual occupancy development; and

• 1 Cambridge Avenue, Bankstown - appeal dismissed after the site did not achieve a lot area of 1,500 square metres, required for shop-top housing development in the R4 High Density Residential zone, under the Bankstown Local Environmental Plan 2015.


 30/11/2017 3:31 PM