Hamdan Co Group Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1255

Hamdan Co Group Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1255

Consent was granted because the amended boarding house complied with the mandatory SEPP and LEP standards, including height and FSR; reasonable unsuccessful attempts had been made to acquire 114 Croydon Street and its isolation was not a basis for refusal; the development, although on a narrow site and not designed as a residential flat building, was compatible with the varied existing and likely future local character; the front landscaping was compatible with the streetscape; and the amenity impacts, including overshadowing of St Basils, privacy impacts and internal boarding house amenity, were acceptable or could be addressed by conditions.

Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Class 1 Appeal Under Former S 97(1), Now S 8.7(1), of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application 213/2017 / Final Hearing; Principal Judgment on Development Application for a Boarding House
Outcome
Development application approved subject to conditions; leave granted to rely on amended plans.
Legal Topics
['development Application for Boarding House' 'site Isolation' 'character of Local Area' 'landscaping and Setbacks' 'amenity Impacts' 'privacy and Overshadowing']
['planning and Environment' 'development Control' 'affordable Rental Housing'] ['development Application for Boarding House' 'site Isolation' 'character of Local Area' 'landscaping and Setbacks' 'amenity Impacts' 'privacy and Overshadowing']

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Procedural Posture

Class 1 Appeal Under Former S 97(1), Now S 8.7(1), of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application 213/2017 / Final Hearing; Principal Judgment on Development Application for a Boarding House

Legal Issues

  1. 1 ['Whether the proposed boarding house should be refused because it would isolate 114 Croydon Street from future redevelopment.' 'Whether the design was compatible with the character of the local area for the purposes of clause 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009.' 'Whether the landscape treatment of the front setback area was compatible with the streetscape for the purposes of clause 29(2)(b) of State Environmental Planning Policy (Affordable Rental Housing) 2009.' 'Whether the proposal would cause unacceptable amenity impacts to neighbours, including overshadowing of St Basils and privacy impacts to the residential flat building at the rear.' 'Whether the proposal would provide acceptable amenity for future boarding house residents.']

Ratio Decidendi

Consent was granted because the amended boarding house complied with the mandatory SEPP and LEP standards, including height and FSR; reasonable unsuccessful attempts had been made to acquire 114 Croydon Street and its isolation was not a basis for refusal; the development, although on a narrow site and not designed as a residential flat building, was compatible with the varied existing and likely future local character; the front landscaping was compatible with the streetscape; and the amenity impacts, including overshadowing of St Basils, privacy impacts and internal boarding house amenity, were acceptable or could be addressed by conditions.

Court Disposition

Development application approved subject to conditions; leave granted to rely on amended plans.

Orders

  • ['Leave is granted for the applicant to rely on amended plans.' 'Development application 213/2017 for a boarding house at 116 Croydon Street, Lakemba, is approved subject to the conditions set out in Annexure "A".' 'The exhibits are returned other than Exhibits A, B, H and 2.']