Developer Entity Pty Ltd v Strathfield Municipal Council [2023] NSWLEC 1118

Developer Entity Pty Ltd v Strathfield Municipal Council [2023] NSWLEC 1118

Development consent could not be granted because the proposed multi dwelling housing contravened the minimum lot size development standard in cl 4.1A of the Strathfield Local Environmental Plan 2012 and the Court was not satisfied under cl 4.6(4)(a)(ii) that the proposal was consistent with the objective of that standard to achieve planned residential density. The proposed built form, including its narrow unrelieved three-storey presentation to the street on a lot below the required size and width, was also incompatible with the low-scale streetscape and failed to satisfy relevant controls and objectives in Part C Chapters 2.2 and 2.5 of the Strathfield Consolidated Development Control...

Jurisdiction
Australia
Judgment Date
16 March 2023
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Principal Judgment After Hearing
Outcome
Appeal dismissed and development application refused.
Legal Topics
['development Application Appeal' 'multi Dwelling Housing' 'minimum Lot Size Development Standard' 'clause 4.6 Exception to Development Standards' 'planned Residential Density' 'bulk and Scale' 'streetscape Compatibility']
['planning and Environment Law' 'development Consent' 'local Environmental Planning'] ['development Application Appeal' 'multi Dwelling Housing' 'minimum Lot Size Development Standard' 'clause 4.6 Exception to Development Standards' 'planned Residential Density' 'bulk and Scale' 'streetscape Compatibility']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether development consent could be granted for multi dwelling housing on a lot that contravened the minimum lot size development standard in cl 4.1A of the Strathfield Local Environmental Plan 2012.' 'Whether the proposed development was consistent with the objective of the minimum lot size standard to achieve planned residential density in certain zones.' "Whether the proposed development's bulk, scale, massing and streetscape presentation were compatible with the predominant character of existing residential development in the street under the Strathfield Consolidated Development Control Plan 2020."]

Ratio Decidendi

Development consent could not be granted because the proposed multi dwelling housing contravened the minimum lot size development standard in cl 4.1A of the Strathfield Local Environmental Plan 2012 and the Court was not satisfied under cl 4.6(4)(a)(ii) that the proposal was consistent with the objective of that standard to achieve planned residential density. The proposed built form, including its narrow unrelieved three-storey presentation to the street on a lot below the required size and width, was also incompatible with the low-scale streetscape and failed to satisfy relevant controls and objectives in Part C Chapters 2.2 and 2.5 of the Strathfield Consolidated Development Control...

Court Disposition

Appeal dismissed and development application refused.

Orders

  • ['The appeal is dismissed.' 'The development application (DA2021/235) for the demolition of existing structures and construction of four two-storey townhouses with attic, a shared single basement level and ancillary landscaping at 33 MacKenzie Street, Homebush, is determined by refusal.' 'Exhibits 1, 4, C and H are...