Jaks Construction Services Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1000

Jaks Construction Services Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1000

The planning controls applicable to the site do not mandate uninterrupted separation between building forms. The proposed development meets the objectives and controls relating to design quality, amenity, solar access, and building separation, and provides a reasonable alternative solution for the variations sought. The development is compatible with the locality and its desired future character; therefore, consent is warranted.

Jurisdiction
Australia
Judgment Date
04 January 2021
Procedural Posture
Class 1 Appeal / Judgment and Final Orders
Outcome
Appeal upheld; development application approved.
Legal Topics
['development Application' 'variation to Minimum Lot Width Control' 'design Quality' 'mixed Use Development' 'urban Renewal' 'building Separation' 'amenity' 'frontage Requirements']
['planning and Environment'] ['development Application' 'variation to Minimum Lot Width Control' 'design Quality' 'mixed Use Development' 'urban Renewal' 'building Separation' 'amenity' 'frontage Requirements']

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Procedural Posture

Class 1 Appeal / Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the proposed mixed use development should be granted consent' 'Whether variation to minimum lot width control and building height plane control is justified' 'Whether the development is acceptable on merit' 'Whether the building form is compatible with desired future character of locality']

Ratio Decidendi

The planning controls applicable to the site do not mandate uninterrupted separation between building forms. The proposed development meets the objectives and controls relating to design quality, amenity, solar access, and building separation, and provides a reasonable alternative solution for the variations sought. The development is compatible with the locality and its desired future character; therefore, consent is warranted.

Court Disposition

Appeal upheld; development application approved.

Orders

  • ['The Applicant is granted leave to amend their development application and to rely on stormwater concept plans prepared by TAA Consulting Engineers for the site, dated 7 December 2020 and marked Revision C.' 'The appeal is upheld.' 'Consent is granted to Development Application No. DA212/2018 for demolition of...