JS Architects Pty Ltd v Canterbury-Bankstown Council [2026] NSWLEC 1298
Before: Pullinger AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by JS Architects Pty Ltd (the Applicant), against the deemed refusal of Development Application DA-598/2025 (the DA) by Canterbury-Bankstown Council (the Respondent). At the date of its lodgement on 2 June 2025, the DA sought consent for the demolition of existing structures and construction of a five-storey residential apartment building with 17 residential units (including one for
Catchwords
DEVELOPMENT APPLICATION – residential apartment building development – in-fill affordable housing – cl 4.6 written request – minimum lot size – height of buildings – agreement between the parties – orders
Outcome
The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA-598/2025 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of amending the Development Application in the agreed sum of $5,500 within 28 days of the date of these orders. (3) The appeal is upheld. (4) Consent is granted to Development Application DA-598/2025 (as amended) for the construction of a five-storey residential apartment building with seventeen residential units (one for affordable housing) above two levels of basement car parking at 2-4 Vimy Street, Bankstown, subject to the conditions of consent at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Canterbury-Bankstown Local Environmental Plan 2023, cll 2.1, 2.3, 2.7, 4.1B, 4.3, 4.6, 5.10, 5.21, 6.1, 6.2, 6.3, 6.9, 6.15 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 29, 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11 State Environmental Planning Policy (Housing) 2021, Ch 4, s 147, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1
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