Level 1 Construction Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1405

Level 1 Construction Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1405

The proposed development is permissible as multi dwelling housing and a neighbourhood shop under the relevant planning controls. It is compatible with the existing and future character of the local area, acceptable in relation to setbacks, private open space, solar access, density, visual privacy, amenity and waste management. None of the Council's grounds for refusal are made out, and development consent should be granted subject to conditions.

Parties
Applicant: Level 1 Construction Pty Ltd; Respondent: Canterbury-Bankstown Council
Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Development Application Appeal / Final Judgment
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Affordable Housing, Multi Dwelling Housing, Planning Controls, Compatibility With Character, Setbacks, Solar Access, Private Open Space, Density, Amenity, Waste Management
Planning and Environment Development Application Affordable Housing Multi Dwelling Housing Planning Controls Compatibility With Character Setbacks Solar Access +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 11 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Level 1 Construction Pty Ltd

Applicant

Canterbury-Bankstown Council

Respondent

Procedural Posture

Development Application Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed development is a permissible use under the relevant planning controls
  2. 2 Application and effect of the State Environmental Planning Policy (Affordable Rental Housing) 2009
  3. 3 Compliance with the Low Rise Housing Diversity Design Guide

Ratio Decidendi

The proposed development is permissible as multi dwelling housing and a neighbourhood shop under the relevant planning controls. It is compatible with the existing and future character of the local area, acceptable in relation to setbacks, private open space, solar access, density, visual privacy, amenity and waste management. None of the Council's grounds for refusal are made out, and development consent should be granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted

Orders

  • Leave is granted to the applicant to amend the development application to rely on the consolidated set of architectural plans dated June 2021 contained in Ex E.
  • The appeal is upheld.