D-Studio Architects Pty Ltd v Canterbury City Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: D-Studio Architects Pty Ltd v Canterbury City Council [2014] NSWLEC 1272 Hearing dates:11 December 2014Date of orders: 11 December 2014 Decision date: 11 December 2014 Jurisdiction:Class 1Before: Moore SC Decision: See (13) and (14) Catchwords: DEVELOPMENT APPLICATION: Consent orders; traffic Category:Principal judgmentParties: D-Studio Architects Pty Ltd (Applicant) Canterbury City Council (Respondent) Representation: Counsel: Mr V Conomos, solicitor (Applicant) Mr A Seton, solicitor (Respondent) Solicitors: Conomos Legal (Applicant) Marsdens Law Group (Respondent) File Number(s):10478 of 2014EXTEMPORE Judgment SENIOR COMMISSIONER: Timothy Lane at Belmore is a short, comparatively narrow dead end laneway, running parallel to Canterbury Road. It serves a limited number of premises at the present time, but is intended in the fullness of time with the redevelopment of the site at its end diagonally to the south, to the north east, to be extended by the council from its present end point through to the street immediately to the east thus creating a through laneway. The application in these proceedings is for the construction of a mixed use development at the eastern end of the existing laneway on its northern side, having a frontage to, and an address known as 702 to 704 Canterbury Road. Initially the matter was the subject to an appeal, dealt with pursuant to a conciliation conference conducted by me. The parties were unable to reach agreement during the course of the conciliation conference, but at its conclusion agreed to the conference being terminated...