Ray Saar & Anor v Canterbury-Bankstown Council [2017] NSWLEC 1340

Ray Saar & Anor v Canterbury-Bankstown Council [2017] NSWLEC 1340

It is appropriate to permit minor variations to the minimum lot size standards under clause 4.1A and 4.1B of the LEP, as the objectives of the development standards and zone are achieved given the imperceptible non-compliance, no adverse impacts, and compliance with other controls; strict compliance serves no material benefit and would reduce housing outcomes, thus satisfying clause 4.6 preconditions for approval.

Jurisdiction
Australia
Judgment Date
29 June 2017
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld; development applications approved
Legal Topics
['development Applications' 'minimum Lot Size' 'dual Occupancy Development' 'subdivision' 'variation of Development Standards']
['planning and Environment Law'] ['development Applications' 'minimum Lot Size' 'dual Occupancy Development' 'subdivision' 'variation of Development Standards']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether development applications for dual occupancies and subdivisions can be approved despite non-compliance with minimum lot size standards under Canterbury Local Environmental Plan 2012' 'Whether clause 4.6 of the LEP provides grounds for varying those standards']

Ratio Decidendi

It is appropriate to permit minor variations to the minimum lot size standards under clause 4.1A and 4.1B of the LEP, as the objectives of the development standards and zone are achieved given the imperceptible non-compliance, no adverse impacts, and compliance with other controls; strict compliance serves no material benefit and would reduce housing outcomes, thus satisfying clause 4.6 preconditions for approval.

Court Disposition

Appeal upheld; development applications approved

Orders

  • ['The appeal is upheld.' "Development Application No's 432/2016 and 433/2016 for the construction of attached dual occupancies and Torrens Title subdivision at No.'s 10 and 12 Tempe Street, Earlwood are approved subject to the conditions in Annexure A." 'The exhibits, other than exhibits 2 and 3, are retained.']