Event and Time
Event Description
This case involves an appeal to the Land and Environment Court of New South Wales regarding the refusal by Canterbury Bankstown Council of Development Application No. DA-483/2022. The development application pertains to the demolition of an existing dwelling and the construction of two new dwellings, including two pools, landscaping, and boundary adjustments on land located at 23 Macquarie Road, Earlwood.
Application and Claims
- Applicant: Submitted Development Application No. DA-483/2022 seeking consent for the proposed development.
- Claims:
- The Applicant argued that the development complied with local environmental planning regulations and sought approval to amend the original application.
- Objections:
- The Council received an objection based on concerns over visual privacy and insufficient information regarding boundary adjustments.
Judicial Decisions
The Court, after a conciliation conference, ordered: 1. The Council agreed to the Applicant amending the Development Application in accordance with the provided amended plans. 2. The Applicant must pay the Council’s costs of $5,000.00. 3. The appeal was upheld. 4. Development consent was granted for the amended Development Application subject to specified conditions.
Dispute Points and Legal Basis
Dispute Points
- From the Applicant:
- Asserted that the amended plans addressed the concerns raised during the application process and complied with the relevant local environmental plan. - Argued the development would be consistent with the objectives of the R2 Low Density Residential zone.
- From the Council:
- Raised objection based on visual privacy and overlooking impacts from the proposed new dwellings. - Indicated that additional information regarding boundary adjustments was required.