FPG Powell Pty Ltd v Strathfield Council [2017] NSWLEC 1096

FPG Powell Pty Ltd v Strathfield Council [2017] NSWLEC 1096

The appeal was upheld because the amended proposal resolved the FSR/staging and design contentions, privacy impacts could be made acceptable by condition requiring additional screens, the clause 4.6 written request adequately justified the technical height variation caused by existing site levels, and the engineering evidence established that clause 6.3 flood planning requirements were satisfied without the need for the council's proposed flood study condition.

Jurisdiction
Australia
Judgment Date
01 March 2017
Procedural Posture
Class 1 Development Appeal Against Deemed Refusal of Development Application No 2016/113 / Final Determination After Hearing
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'residential Flat Building' 'clause 4.6 Variation' 'building Height Development Standard' 'flood Planning' 'drainage and Flooding' 'privacy Impacts' 'design and Amenity']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'clause 4.6 Variation' 'building Height Development Standard' 'flood Planning' 'drainage and Flooding' 'privacy Impacts' 'design and Amenity']

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Procedural Posture

Class 1 Development Appeal Against Deemed Refusal of Development Application No 2016/113 / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether the proposed residential flat building should be approved notwithstanding deemed refusal by the council.' 'Whether the written request under clause 4.6 of Strathfield Local Environmental Plan 2012 justified contravention of the 20m building height development standard.' 'Whether the proposal satisfied clause 6.3 of Strathfield Local Environmental Plan 2012 concerning flood planning without requiring a detailed flood study in draft condition 7.' 'Whether amended plans and conditions adequately resolved building design, privacy, drainage/flooding and information contentions.']

Ratio Decidendi

The appeal was upheld because the amended proposal resolved the FSR/staging and design contentions, privacy impacts could be made acceptable by condition requiring additional screens, the clause 4.6 written request adequately justified the technical height variation caused by existing site levels, and the engineering evidence established that clause 6.3 flood planning requirements were satisfied without the need for the council's proposed flood study condition.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development application No 2016/113 for demolition of an existing sign and commercial building and construction of a residential flat building comprising three levels of basement parking including a car lift and twenty nine residential apartments above at Nos. 37 Powell Street and 103...