Donald Hochkins v Canterbury-Bankstown City Council [2017] NSWLEC 1229

Donald Hochkins v Canterbury-Bankstown City Council [2017] NSWLEC 1229

Development application for dual occupancy and subdivision refused because removal of significant trees was not justified; applicant failed to explore or demonstrate avoidance/minimisation of impacts as required under LEP and DCP; proposal did not comply with FSR and solar access requirements even after amendments....

Source-derived case information.

Parties
Applicant: Donald Hochkins; Respondent: Canterbury-Bankstown City Council
Jurisdiction
Australia
Judgment Date
09 May 2017
Procedural Posture
Class 1 Appeal / Final Judgment After Hearing Following Conciliation
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Application, Dual Occupancy, Tree Preservation, Floor Space Ratio, Solar Access, Subdivision
Planning and Environment Development Application Dual Occupancy Tree Preservation Floor Space Ratio Solar Access Subdivision

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Parties

Donald Hochkins

Applicant

Canterbury-Bankstown City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment After Hearing Following Conciliation

Legal Issues

  1. 1 Whether significant trees on the site must be retained under relevant planning controls
  2. 2 Whether proposed development complies with floor space ratio (FSR) requirements
  3. 3 Whether minimum solar access to living areas is achieved under development controls

Ratio Decidendi

Development application for dual occupancy and subdivision refused because removal of significant trees was not justified; applicant failed to explore or demonstrate avoidance/minimisation of impacts as required under LEP and DCP; proposal did not comply with FSR and solar access requirements even after amendments. Significant site constraints make the proposed development an overdevelopment.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • The appeal is dismissed.
  • Development Application No. 575/2016 for a dual occupancy including subdivision at 754A Henry Lawson Drive, Picnic Point is refused.