Nakhoul v Canterbury-Bankstown Council [2020] NSWLEC 1320

Nakhoul v Canterbury-Bankstown Council [2020] NSWLEC 1320

The Court was satisfied that the applicant's amended cl 4.6 written request adequately demonstrated that compliance with the lot width development standard was unreasonable or unnecessary and that sufficient environmental planning grounds justified the contravention. The Court was also satisfied that the development was in the public interest because it was consistent with the objectives of the lot width standard and the R2 Low Density Residential zone, had acceptable density and site suitability, provided acceptable amenity for future occupants, and was not objectionable so as to raise a precedent concern. The appeal was therefore upheld and development consent granted subject to...

Jurisdiction
Australia
Judgment Date
23 July 2020
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Hearing and Principal Judgment Determining the Appeal
Outcome
Appeal upheld; Development Application 1087/2019 approved subject to conditions at Annexure A.
Legal Topics
['development Application' 'dual Occupancy' 'clause 4.6 Written Request' 'contravention of Lot Width Development Standard' 'corner Block Development' 'residential Amenity' 'precedent' 'torrens Title Subdivision']
['planning and Environment Law' 'development Consent'] ['development Application' 'dual Occupancy' 'clause 4.6 Written Request' 'contravention of Lot Width Development Standard' 'corner Block Development' 'residential Amenity' 'precedent' 'torrens Title Subdivision']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Hearing and Principal Judgment Determining the Appeal

Legal Issues

  1. 1 ['Whether the Court had power under cl 4.6 of Bankstown Local Environmental Plan 2015 to grant consent despite contravention of the 15 metre lot width standard for attached dual occupancy development in Zone R2.' 'Whether compliance with the lot width development standard was unreasonable or unnecessary and whether sufficient environmental planning grounds justified the contravention.' 'Whether the proposed development was in the public interest by being consistent with the objectives of the lot width standard and the R2 Low Density Residential zone objectives.' 'Whether the proposal was an overdevelopment of the site or unsuitable having regard to density, site suitability and DCP controls.' 'Whether the proposal would provide acceptable amenity for future residents.' 'Whether approval would create an undesirable precedent for similar lots.']

Ratio Decidendi

The Court was satisfied that the applicant's amended cl 4.6 written request adequately demonstrated that compliance with the lot width development standard was unreasonable or unnecessary and that sufficient environmental planning grounds justified the contravention. The Court was also satisfied that the development was in the public interest because it was consistent with the objectives of the lot width standard and the R2 Low Density Residential zone, had acceptable density and site suitability, provided acceptable amenity for future occupants, and was not objectionable so as to raise a precedent concern. The appeal was therefore upheld and development consent granted subject to...

Court Disposition

Appeal upheld; Development Application 1087/2019 approved subject to conditions at Annexure A.

Orders

  • ['The applicant is granted leave to amend the development application by relying on the plans and BASIX certificate referenced in conditions at Annexure A.' 'The applicant is granted leave to amend the application by relying on the amended written request under clause 4.6 of Bankstown Local Environmental Plan 2015,...