Mankarious v Bankstown City Council

Land and Environment Court New South Wales Medium Neutral Citation: Mankarious v Bankstown City Council [2014] NSWLEC 1220 Hearing dates:27 October 2014Decision date: 28 October 2014 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: Modification of consent Legislation Cited: Bankstown Local Environmental Plan 2001 Cases Cited: Gann & Anor v Sutherland Shire Council [2008] NSWLEC 157 Category:Principal judgmentParties: Mr Maged Mankarious (Applicant) Bankstown City Council (Respondent) Representation: Applicant in person Ms C Morton (Respondent) Sparke Helmore (Respondent) File Number(s):10589 of 2014 JudgmentBankstown City Council granted development consent DA-16/2013 authorising the construction of a detached dual occupancy development on land at 26 Burns Road, Picnic Point. The development has been completed contrary to the plans approved and Mr Mankarious lodged Modification Application DA-16/2013/1 with the council on 8 November 2014 seeking approval to increase the floor space of the development so as to reflect the works as built.The council refused to modify the consent and Mr Mankarious is appealing that decision.At the commencement of the hearing, the applicant sought and was granted leave to rely on amended plans that correctly identified the extent of works undertaken. As a result of the detail provided in those plans, Ms Morton, for the council, advised the Court that contentions 3 and 4 as detailed in the Council's Statement of Facts and Contentions filed on 10 September 2014 were resolved and that the council would not be pressing the remaining contentions.The site and its contextThe site is located on the northern side of Burns Road...