C & J Corporation Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1431

C & J Corporation Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1431

The outdoor play areas do not fall within the definition of gross floor area under the CLEP 2012 and are properly excluded from the FSR calculation, meaning the proposed development complies with the development standard. The bulk, scale, and setbacks of the child care facility are acceptable and compatible with the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 September 2020
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'child Care Centre' 'floor Space Ratio' 'streetscape Character' 'local Planning Instruments']
['planning Law' 'environmental Law'] ['development Application' 'child Care Centre' 'floor Space Ratio' 'streetscape Character' 'local Planning Instruments']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed child care centre breaches the floor space ratio development standard' 'Whether outdoor play areas constitute gross floor area under the CLEP 2012' 'Whether bulk, scale, and setbacks are appropriate to local character' 'Whether the design is compatible with the locality and streetscape']

Ratio Decidendi

The outdoor play areas do not fall within the definition of gross floor area under the CLEP 2012 and are properly excluded from the FSR calculation, meaning the proposed development complies with the development standard. The bulk, scale, and setbacks of the child care facility are acceptable and compatible with the local character and streetscape. None of the Council’s contentions warrant refusal of consent.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['The appeal is upheld.' 'Development consent is granted for the demolition of existing structures and construction of a 3-storey centre based child care facility with basement car parking at 84 Clissold Parade, Campsie, subject to the conditions of consent in Annexure A.' 'Exhibits 1, 3, 4, B, D, H, L, O and P are...