Soueid v Canterbury Bankstown Council

Land and Environment Court New South Wales Medium Neutral Citation: Soueid v Canterbury Bankstown Council [2016] NSWLEC 1420 Hearing dates:6, 7 & 9 September 2016Date of orders: 20 September 2016 Decision date: 20 September 2016 Jurisdiction:Class 1Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: mixed use development containing commercial and boarding house uses, road widening, character, access, adequacy of plans Legislation Cited: Canterbury Local Environmental Plan 2012; State Environmental Planning Policy (Affordable Rental Housing) 2009; Environmental Planning and Assessment Act 1979 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Canterbury Development Control Plan 2012; Building Code of Australia; Australian Standard AS/NZ 2890.1:2004 Category:Principal judgmentParties: Faisal Soueid (Applicant)   Canterbury Bankstown Council (Respondent) Representation: Counsel: Mr R O’Gorman-Hughes (Applicant)   Solicitors: Mr V Conomos, Conomos Legal (Applicant) Mr P Jackson Pikes Verekers Lawyers (Respondent) File Number(s):157498/2016Judgment Mr Soueid lodged Development Application DA-602/2015 on 9 December 2015 seeking consent to demolish existing structures (retaining to the commercial shop) and construct a six story mixed use development comprising of one commercial tenancy and 33 boarding rooms at the corner of Georges River Road and Brighton Avenue, Croydon Park. The Council had not determined the application within the prescribed period and Mr Soueid is appealing its deemed refusal. The site and its context The site comprises three properties on the southern side of Georges River Road and the western side of Brighton Avenue, Croydon Park being 158 Georges River Road (Lot 1 in DP 436928), 160 to 162 Georges River...