Adouni and Raad Pty Ltd v Georges River Council [2020] NSWLEC 1166

Adouni and Raad Pty Ltd v Georges River Council [2020] NSWLEC 1166

The Court was satisfied that the applicant's written requests under clause 4.6 of the Kogarah LEP 2012 justified the minor breaches in maximum height and minimum lot size, as the objectives of the standards and the zone were achieved. There were sufficient planning grounds for variation, the development was not inconsistent with the public interest, site isolation concerns did not justify refusal given the ownership pattern and feasible alternative development, the proposal’s bulk, scale, and setbacks were acceptable in context, and the requirements of the Apartment Design Guide and other applicable controls were met or justifiably varied.

Parties
Applicant: Adouni and Raad Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
07 April 2020
Procedural Posture
Class 1 Development Appeal / Judgment and Final Orders After Hearing
Outcome
Appeal upheld; development consent granted, subject to conditions.
Legal Topics
Development Application, Residential Flat Building, Clause 4.6 Variation, Height Exceedance, Minimum Allotment Size, Site Isolation, SEPP 65, Apartment Design Guide
Planning and Environment Development Application Residential Flat Building Clause 4.6 Variation Height Exceedance Minimum Allotment Size Site Isolation SEPP 65 +1 more

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Parties

Adouni and Raad Pty Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Class 1 Development Appeal / Judgment and Final Orders After Hearing

Legal Issues

  1. 1 Whether the proposed development should be approved despite exceeding the maximum height standard under the Kogarah Local Environmental Plan 2012 (KLEP)
  2. 2 Whether the proposed development should be approved despite failing to achieve the minimum lot size standard under the KLEP
  3. 3 Whether the proposed development causes unacceptable site isolation of neighbouring properties

Ratio Decidendi

The Court was satisfied that the applicant's written requests under clause 4.6 of the Kogarah LEP 2012 justified the minor breaches in maximum height and minimum lot size, as the objectives of the standards and the zone were achieved. There were sufficient planning grounds for variation, the development was not inconsistent with the public interest, site isolation concerns did not justify refusal given the ownership pattern and feasible alternative development, the proposal’s bulk, scale, and setbacks were acceptable in context, and the requirements of the Apartment Design Guide and other applicable controls were met or justifiably varied.

Court Disposition

Appeal upheld; development consent granted, subject to conditions.

Orders

  • The applicant's clause 4.6 written requests seeking variation of the development standards for height and minimum lot size under the Kogarah LEP 2012 are upheld.
  • The appeal is upheld.