Louden Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1285

Louden Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1285

The development consent should be granted, including a clause 4.6 variation, because the objectives of the relevant development standard and the zone are satisfied; the site offers sufficient width, setbacks, landscaping, privacy and sunlight access; design is compatible with the local character; there is no unacceptable precedent; and all relevant planning controls and policies are addressed or justified.

Parties
Applicant: Louden Pty Ltd; Respondent: Canterbury-Bankstown Council
Jurisdiction
Australia
Judgment Date
14 June 2018
Procedural Posture
Appeal / Merits Hearing and Determination of Development Application Appeal
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Consent, Affordable Rental Housing, Variation of Development Standards, Character of Local Area, Planning Controls, Residential Flat Buildings
Planning and Environment Law Development Consent Affordable Rental Housing Variation of Development Standards Character of Local Area Planning Controls Residential Flat Buildings

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Parties

Louden Pty Ltd

Applicant

Canterbury-Bankstown Council

Respondent

Procedural Posture

Appeal / Merits Hearing and Determination of Development Application Appeal

Legal Issues

  1. 1 Whether the development application should be refused for non-compliance with minimum width at front building line in Bankstown LEP 2015
  2. 2 Whether the clause 4.6 request to vary development standard should be granted
  3. 3 Whether the development is compatible with the character of the local area under SEPP ARH 2009

Ratio Decidendi

The development consent should be granted, including a clause 4.6 variation, because the objectives of the relevant development standard and the zone are satisfied; the site offers sufficient width, setbacks, landscaping, privacy and sunlight access; design is compatible with the local character; there is no unacceptable precedent; and all relevant planning controls and policies are addressed or justified.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development consent is granted for demolition of existing structures and construction of a four storey residential flat building comprising 10 units and basement car parking at 48 Jacobs Street, Bankstown (Lot B DP 336854), subject to conditions in Annexure A and with dwellings 3, 5, 8, and 10 to be dedicated as...