Al Maha Pty Ltd v Canada Bay City Council [2013] NSWLEC 1057

Al Maha Pty Ltd v Canada Bay City Council [2013] NSWLEC 1057

The increase in the height and bulk of the Further Amended DA is unacceptable and consequently the variation of the FSR standard is not unreasonable or unnecessary as it does not meet the objective of the standard to control the bulk and density of buildings in the Precinct. The SEPP 1 objection is not well founded.

Jurisdiction
Australia
Judgment Date
08 April 2013
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act (epa Act) / Final Decision
Outcome
Appeal dismissed; development application refused
Legal Topics
['development Application' 'alterations and Additions' 'height and Bulk' 'sepp 1 Objection']
['planning and Environment'] ['development Application' 'alterations and Additions' 'height and Bulk' 'sepp 1 Objection']

Case Brief

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act (epa Act) / Final Decision

Legal Issues

  1. 1 ['Whether the proposed additions are of acceptable height, bulk and scale' 'Whether the SEPP 1 objection is well founded']

Ratio Decidendi

The increase in the height and bulk of the Further Amended DA is unacceptable and consequently the variation of the FSR standard is not unreasonable or unnecessary as it does not meet the objective of the standard to control the bulk and density of buildings in the Precinct. The SEPP 1 objection is not well founded.

Court Disposition

Appeal dismissed; development application refused

Orders

  • ['The appeal is dismissed.' 'The development application (307/2012/10) for alterations and additions to an approved mixed use development at 29-33 Cooper Street and 9 Hilts Road, Strathfield, is refused.' 'The exhibits may be returned']