ES Engineering & Drafting Pty Ltd trading as ES Engineering and Design v Canterbury-Bankstown Council [2017] NSWLEC 1708

ES Engineering & Drafting Pty Ltd trading as ES Engineering and Design v Canterbury-Bankstown Council [2017] NSWLEC 1708

The applicant failed to justify the contravention of the minimum lot size development standard, as they did not establish that the objectives of the development standard were achieved despite non-compliance, and did not provide sufficient environmental planning grounds to justify the variation under cl 4.6. The proposed subdivision lots were not of sufficient size to accommodate four attached dwellings and the p resence of four adjoining garage doors would create an unacceptable adverse impact on the local amenity.

Jurisdiction
Australia
Judgment Date
12 December 2017
Procedural Posture
Class 1 Development Application Appeal / Judgment After Hearing at First Instance
Outcome
Appeal dismissed
Legal Topics
['development Application' 'demolition' 'attached Dwellings' 'torrens Title Subdivision' 'minimum Lot Size' 'development Standards' 'garage Dominance' 'cl 4.6 Variation']
['planning and Environment Law'] ['development Application' 'demolition' 'attached Dwellings' 'torrens Title Subdivision' 'minimum Lot Size' 'development Standards' 'garage Dominance' 'cl 4.6 Variation']

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Procedural Posture

Class 1 Development Application Appeal / Judgment After Hearing at First Instance

Legal Issues

  1. 1 ['Whether variation to the minimum lot size development standard can be supported under cl 4.6' 'Whether the proposed number and dominance of garage doors creates an unacceptable impact on local amenity']

Ratio Decidendi

The applicant failed to justify the contravention of the minimum lot size development standard, as they did not establish that the objectives of the development standard were achieved despite non-compliance, and did not provide sufficient environmental planning grounds to justify the variation under cl 4.6. The proposed subdivision lots were not of sufficient size to accommodate four attached dwellings and the p resence of four adjoining garage doors would create an unacceptable adverse impact on the local amenity.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Development Application No. 1010/2016 for the demolition of all existing structures and the erection of four attached dwellings and the torrens title subdivision of each dwelling at 22 Lowana Street Villawood is refused.' 'The exhibits are returned with the exception of Exhibit 1.']