Succar v Bankstown City Council [2012] NSWLEC 1255

Succar v Bankstown City Council [2012] NSWLEC 1255

Although the amended AH SEPP permitted the proposed development subject to development consent, the Court was required to consider relevant planning instruments and the compatibility requirement in cl 16A. The local area was the visual catchment around Brennan Street and neighbouring streets, whose character was predominantly single and two-storey dwellings with built form in the front zone and open rear green zones. The proposal created a long, substantially two-storey built form along the site without the characteristic rear open-space separation and was therefore not compatible with the character of the local area. Development consent was refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
10 September 2012
Procedural Posture
Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Final Judgment
Outcome
The appeal is dismissed and development application DA 348/201 is refused.
Legal Topics
['development Application' 'infill Affordable Housing' 'villa Housing' 'compatibility With Character of Local Area' 'state Environmental Planning Policy (affordable Rental Housing) 2009' 'bankstown Local Environmental Plan 2001' 'development Consent Refusal']
['planning and Environment Law'] ['development Application' 'infill Affordable Housing' 'villa Housing' 'compatibility With Character of Local Area' 'state Environmental Planning Policy (affordable Rental Housing) 2009' 'bankstown Local Environmental Plan 2001' 'development Consent Refusal']

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Procedural Posture

Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Final Judgment

Legal Issues

  1. 1 ['Whether the amended State Environmental Planning Policy (Affordable Rental Housing) 2009 permitted the proposed infill dwelling development subject to development consent.' 'What weight should be given to the Bankstown Local Environmental Plan 2001 and Bankstown Development Control Plan 2005 when assessing an application under the amended AH SEPP.' 'What constituted the local area for the purposes of cl 16A of the AH SEPP.' 'Whether the design of the development was compatible with the character of the local area under cl 16A of the AH SEPP.']

Ratio Decidendi

Although the amended AH SEPP permitted the proposed development subject to development consent, the Court was required to consider relevant planning instruments and the compatibility requirement in cl 16A. The local area was the visual catchment around Brennan Street and neighbouring streets, whose character was predominantly single and two-storey dwellings with built form in the front zone and open rear green zones. The proposal created a long, substantially two-storey built form along the site without the characteristic rear open-space separation and was therefore not compatible with the character of the local area. Development consent was refused and the appeal dismissed.

Court Disposition

The appeal is dismissed and development application DA 348/201 is refused.

Orders

  • ['The appeal is dismissed.' 'Development application (DA 348/201) for the demolition of existing structures and the construction of 4 infill dwelling houses at 30 Brennan Street, Yagoona is refused.' 'The exhibits are returned.']