Katerinis and ors v Canterbury City Council [2007] NSWLEC 555

Katerinis and ors v Canterbury City Council [2007] NSWLEC 555

The proposal represented a significant and unjustified departure from the density standard set by the relevant development control plan. The excessive density, insufficient landscaped open space, and failure to comply with height controls for the rear townhouses warranted refusal of the development application.

Parties
Applicant: John Katerinis and others; Respondent: Canterbury City Council
Jurisdiction
Australia
Judgment Date
01 August 2007
Procedural Posture
Development Appeal / Judgment After Hearing
Outcome
appeal dismissed
Legal Topics
Development Application, Density Standards, Building Height, Landscaped Open Space, Private Open Space, Solar Access
Planning and Environment Law Development Application Density Standards Building Height Landscaped Open Space Private Open Space Solar Access

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Parties

John Katerinis and others

Applicant

Canterbury City Council

Respondent

Procedural Posture

Development Appeal / Judgment After Hearing

Legal Issues

  1. 1 whether the non compliance with the density standard is appropriate
  2. 2 whether the height of part of the southern group of townhouses is appropriate
  3. 3 whether sufficient landscaped open space and private open space is provided

Ratio Decidendi

The proposal represented a significant and unjustified departure from the density standard set by the relevant development control plan. The excessive density, insufficient landscaped open space, and failure to comply with height controls for the rear townhouses warranted refusal of the development application.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • DA985/2005 for the demolition of three dwellings and the construction of fifteen townhouses at 47-51 Chapel Street, Roselands is refused.