Semrani & anor v Canterbury City Council [2015] NSWLEC 1103

Semrani & anor v Canterbury City Council [2015] NSWLEC 1103

The appeal was dismissed because the applicants' written cl. 4.6 request did not adequately demonstrate that compliance with the 0.5:1 FSR standard was unreasonable or unnecessary, and did not demonstrate sufficient environmental planning grounds to justify the proposed 0.64:1 FSR. The Court was also not satisfied that the proposal was consistent with the primary FSR objective of providing effective control over the bulk of future development, particularly given the significant FSR exceedance and zero rear setback. As cl. 4.6(4) was not satisfied, there was no power to grant development consent.

Jurisdiction
Australia
Judgment Date
22 April 2015
Procedural Posture
Class 1 Appeal Under S 97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Principal Judgment After Hearing
Outcome
Appeal dismissed; development application determined by refusal.
Legal Topics
['development Application' 'floor Space Ratio' 'clause 4.6 Variation' 'multi Dwelling Housing' 'setbacks' 'site Width' 'lot Isolation' 'stormwater Management' 'traffic and Parking' 'public Interest']
['planning and Environment' 'development Consent'] ['development Application' 'floor Space Ratio' 'clause 4.6 Variation' 'multi Dwelling Housing' 'setbacks' 'site Width' 'lot Isolation' 'stormwater Management' 'traffic and Parking' 'public Interest']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the applicants' written cl. 4.6 request adequately demonstrated that compliance with the FSR development standard was unreasonable or unnecessary and that there were sufficient environmental planning grounds to justify contravention." 'Whether the proposed development was in the public interest because it was consistent with the objectives of the FSR development standard and the R3 zone.' "Whether the proposal's non-compliances with site width, building depth, setbacks and related controls produced unacceptable bulk, scale or overdevelopment." 'Whether the proposal would isolate adjoining lots, particularly 145 Moorefields Road.' 'Whether stormwater, traffic and parking concerns could be resolved by conditions or design changes.']

Ratio Decidendi

The appeal was dismissed because the applicants' written cl. 4.6 request did not adequately demonstrate that compliance with the 0.5:1 FSR standard was unreasonable or unnecessary, and did not demonstrate sufficient environmental planning grounds to justify the proposed 0.64:1 FSR. The Court was also not satisfied that the proposal was consistent with the primary FSR objective of providing effective control over the bulk of future development, particularly given the significant FSR exceedance and zero rear setback. As cl. 4.6(4) was not satisfied, there was no power to grant development consent.

Court Disposition

Appeal dismissed; development application determined by refusal.

Orders

  • ['The appeal is dismissed.' 'Development Application DA-537/2014 for alterations and additions to the existing warehouse and conversion into multi-dwelling housing development containing 3 x 2 bedroom and 1 x 1 bedroom dwellings with basement car parking for 6 vehicles at 147 Moorefields Road, Roselands is...