Ghazi Al Ali Architect Pty Ltd v Canterbury Bankstown Council [2020] NSWLEC 1487

Ghazi Al Ali Architect Pty Ltd v Canterbury Bankstown Council [2020] NSWLEC 1487

The development application should be determined as if amendments to the CDCP made after the date of lodgement had not commenced, and the proposed development sufficiently addresses character, site isolation, amenity, and solar access such that consent should be granted.

Jurisdiction
Australia
Judgment Date
15 October 2020
Procedural Posture
Development Appeal / Final Determination at First Instance
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Consent' 'boarding House' 'character and Streetscape' 'site Isolation' 'amenity' 'solar Access' 'interpretation of Planning Instruments']
['planning and Environment'] ['development Consent' 'boarding House' 'character and Streetscape' 'site Isolation' 'amenity' 'solar Access' 'interpretation of Planning Instruments']

Case Brief

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Procedural Posture

Development Appeal / Final Determination at First Instance

Legal Issues

  1. 1 ['Whether the proposed boarding house is compatible with the character of the local area' 'Whether the development causes unjustifiable site isolation for neighbouring properties' 'Whether the proposal provides adequate amenity for future lodgers' 'Whether the development unacceptably impacts solar access of an adjoining property' 'Whether amendments to planning instruments after lodgement are relevant to determination']

Ratio Decidendi

The development application should be determined as if amendments to the CDCP made after the date of lodgement had not commenced, and the proposed development sufficiently addresses character, site isolation, amenity, and solar access such that consent should be granted.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave granted to rely on further amended architectural and landscape plans (Exhibits C and E).' 'Appeal upheld.' "Development consent granted for Development Application No. 37/2019 as amended, for demolition of 2 existing single storey dwellings and construction of a 3 storey plus attic boarding house with...