FFS Canterbury Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1145

FFS Canterbury Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1145

The amended proposal achieves the objectives of the applicable planning controls, including site frontage, commercial depth, and parking provision. Consent is therefore granted, subject to conditions ensuring appropriate car parking solutions and activation of commercial space.

Jurisdiction
Australia
Judgment Date
29 March 2017
Procedural Posture
Development Appeal / Final Orders After Hearing
Outcome
Appeal upheld. Consent granted.
Legal Topics
['development Application' 'boarding House' 'commercial Use' 'site Frontage' 'car Parking' 'compliance With Standards']
['planning and Environment'] ['development Application' 'boarding House' 'commercial Use' 'site Frontage' 'car Parking' 'compliance With Standards']

Case Brief

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Procedural Posture

Development Appeal / Final Orders After Hearing

Legal Issues

  1. 1 ['Whether the site frontage is acceptable according to planning controls' 'Whether the commercial premises depth complies with the DCP' 'Whether the mechanical car stacker complies with Australian Standards and is an acceptable parking solution']

Ratio Decidendi

The amended proposal achieves the objectives of the applicable planning controls, including site frontage, commercial depth, and parking provision. Consent is therefore granted, subject to conditions ensuring appropriate car parking solutions and activation of commercial space.

Court Disposition

Appeal upheld. Consent granted.

Orders

  • ['The applicant is granted leave to rely on amended plans.' 'The appeal is upheld.' "Consent is granted to Development Application No. 384/2015 for demolition and construction of a mixed use development containing ground floor commercial and 41 boarding rooms managers residents and 2 levels of basement car park at...