Leice Pty Ltd v City of Canada Bay Council [2021] NSWLEC 1627

Leice Pty Ltd v City of Canada Bay Council [2021] NSWLEC 1627

The appeal is upheld because the amended development application for mixed use development at 2-10 Leicester Avenue, Strathfield meets the relevant planning controls, including building height, flood risk mitigation for waste rooms and retail space, and setback provisions. The evidence supports that the proposed design is compliant and satisfactorily addresses risks without warranting refusal or imposing more onerous standards.

Parties
Applicant: Leice Pty Ltd; Respondent: City of Canada Bay Council
Jurisdiction
Australia
Judgment Date
20 October 2021
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld and development application approved
Legal Topics
Development Application, Building Height Controls, Flood Risk, Setback Controls, Waste Management, Mixed Use Development, Residential Amenity
Planning and Environment Development Application Building Height Controls Flood Risk Setback Controls Waste Management Mixed Use Development Residential Amenity

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Parties

Leice Pty Ltd

Applicant

City of Canada Bay Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed height of the building is acceptable
  2. 2 Whether the development complies with the relevant setback controls
  3. 3 Whether the proposed apartments have appropriate amenity

Ratio Decidendi

The appeal is upheld because the amended development application for mixed use development at 2-10 Leicester Avenue, Strathfield meets the relevant planning controls, including building height, flood risk mitigation for waste rooms and retail space, and setback provisions. The evidence supports that the proposed design is compliant and satisfactorily addresses risks without warranting refusal or imposing more onerous standards.

Court Disposition

Appeal upheld and development application approved

Orders

  • The appeal is upheld.
  • Development application DA/2020/0269 for demolition of existing structures and construction of a mixed use development comprising part 10, part 17 and part 18 storey building with 201 residential units, ground floor retail and a basement containing 221 parking spaces at 2-10 Leicester Avenue, Strathfield is approved...