Zenere v Canterbury City Council [2006] NSWLEC 263

Zenere v Canterbury City Council [2006] NSWLEC 263

The appeal is dismissed because the proposal exceeds the scale that can be comfortably absorbed by Homer Street, fails to justify non-compliance with the maximum permissible FSR, and the SEPP 1 Objection is not well founded. The additional storeys at the rear result in excessive bulk directly adjoining low-scale residential zoning.

Parties
Applicant: Albert Zenere Architects; Respondent: Canterbury City Council
Jurisdiction
Australia
Judgment Date
19 May 2006
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Floor Space Ratio, SEPP 1 Objection, Building Scale, Amenity, Planning Controls
Planning and Environment Law Development Application Floor Space Ratio SEPP 1 Objection Building Scale Amenity Planning Controls

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Parties

Albert Zenere Architects

Applicant

Canterbury City Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether non-compliance with the maximum permissible FSR of 2:1 was justified
  2. 2 Whether the proposal's visual impact on Homer Street was acceptable
  3. 3 Whether the internal amenity of the apartments was acceptable

Ratio Decidendi

The appeal is dismissed because the proposal exceeds the scale that can be comfortably absorbed by Homer Street, fails to justify non-compliance with the maximum permissible FSR, and the SEPP 1 Objection is not well founded. The additional storeys at the rear result in excessive bulk directly adjoining low-scale residential zoning.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development application to demolish the existing structures and erect a five-to-six-level building over basement parking containing shops and 25 dwellings on lot 101 DP 747279, known as 221-235 Homer Street, Eastwood and lot 12 DP 10801, known as 208 Wardell Road, Eastwood is determined by refusal.