Lavison Pty Limited v Canterbury City Council [2006] NSWLEC 672

Lavison Pty Limited v Canterbury City Council [2006] NSWLEC 672

Conversion of Unit 11 to residential use is permitted due to its unlikely commercial viability, poor design of the approved development, and absence of negative precedential impact, provided specific design modifications are made; conversion of Unit 12 is refused owing to insufficient evidence that it could not be viably incorporated into commercial use.

Parties
Applicant: Lavison Pty Limited; Respondent: Canterbury City Council
Jurisdiction
Australia
Judgment Date
10 October 2006
Procedural Posture
Development Application Appeal / Final Judgment After Hearing
Outcome
Appeal upheld in part
Legal Topics
Development Consent, Land Use, Floor Space Ratio, Conversion of Premises, Development Control Plan
Planning and Environment Law Development Consent Land Use Floor Space Ratio Conversion of Premises Development Control Plan

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Parties

Lavison Pty Limited

Applicant

Canterbury City Council

Respondent

Procedural Posture

Development Application Appeal / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the conversion of Units 11 and 12 from commercial to residential use should be permitted given floor space ratio and DCP requirements
  2. 2 Whether approving the conversion would set an undesirable precedent
  3. 3 Whether the design and location of Units 11 and 12 justify granting the application

Ratio Decidendi

Conversion of Unit 11 to residential use is permitted due to its unlikely commercial viability, poor design of the approved development, and absence of negative precedential impact, provided specific design modifications are made; conversion of Unit 12 is refused owing to insufficient evidence that it could not be viably incorporated into commercial use.

Court Disposition

Appeal upheld in part

Orders

  • Development consent granted for conversion of Unit 11 subject to revised plans and conditions to be supplied.
  • Conversion of Unit 12 to residential use refused.