Lu Projects Pty Ltd v Fairfield City Council [2019] NSWLEC 1021

Lu Projects Pty Ltd v Fairfield City Council [2019] NSWLEC 1021

The appeal is dismissed because the clause 4.6 variation request fails to satisfactorily address the required environmental planning grounds under the Fairfield Local Environment Plan 2013, depriving the Court of jurisdiction to grant consent. Additionally, the child care centre design does not achieve statutory and planning requirements for natural ventilation, solar access, and supervision, rendering the site unsuitable for the proposed purpose.

Parties
Applicant: Lu Projects Pty Ltd; Respondent: Fairfield City Council
Jurisdiction
Australia
Judgment Date
30 January 2019
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Final Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Application, Child Care Centre, Clause 4.6 Height Variation, Site Suitability, Air Quality, Noise, Solar Access, Ventilation, Waste Management
Planning and Environment Development Application Child Care Centre Clause 4.6 Height Variation Site Suitability Air Quality Noise Solar Access +2 more

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Parties

Lu Projects Pty Ltd

Applicant

Fairfield City Council

Respondent

Procedural Posture

Appeal Against Deemed Refusal of Development Application / Final Judgment

Legal Issues

  1. 1 Whether the clause 4.6 written request for variation of the height standard satisfies the Fairfield Local Environment Plan 2013 (FLEP 2013)
  2. 2 Whether the child care centre design and location are appropriate and comply with relevant planning controls and guidelines

Ratio Decidendi

The appeal is dismissed because the clause 4.6 variation request fails to satisfactorily address the required environmental planning grounds under the Fairfield Local Environment Plan 2013, depriving the Court of jurisdiction to grant consent. Additionally, the child care centre design does not achieve statutory and planning requirements for natural ventilation, solar access, and supervision, rendering the site unsuitable for the proposed purpose.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • The appeal is dismissed.
  • Development Application 353.1/2017 to demolish existing structures and construct a three (3) storey mixed use development including commercial/retail space and child care centre, with two basement levels and roof top play area at Lot 2 DP 509105 and Lot 12 DP 883460, also known as 259 and 261 Cabramatta Road West,...