ROD ZOBY GROUP PTY LTD trading as ZTA Group Pty Ltd v Strathfield Municipal Council [2021] NSWLEC 1688

ROD ZOBY GROUP PTY LTD trading as ZTA Group Pty Ltd v Strathfield Municipal Council [2021] NSWLEC 1688

The Court held that the amended development application met all jurisdictional prerequisites for approval, including the justifiability of a minor height exceedance under cl 4.6 of the SLEP, compliance with relevant planning controls, and compatibility with the character of the local area. The decision to approve...

Source-derived case information.

Parties
Applicant: Rod Zoby Group Pty Ltd trading as ZTA Group Pty Ltd; Respondent: Strathfield Municipal Council
Jurisdiction
Australia
Judgment Date
11 November 2021
Procedural Posture
Class 1 Appeal / Post Conciliation Conference Final Orders
Outcome
Appeal upheld, development consent granted with conditions, and costs orders made.
Legal Topics
Development Application, Boarding House, Conciliation Conference, Variation of Development Standard, Height of Buildings, Environmental Planning Instruments
Planning and Environment Law Development Application Boarding House Conciliation Conference Variation of Development Standard Height of Buildings Environmental Planning Instruments

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Parties

Rod Zoby Group Pty Ltd trading as ZTA Group Pty Ltd

Applicant

Strathfield Municipal Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference Final Orders

Legal Issues

  1. 1 Whether the amended Development Application should be approved under the Environmental Planning and Assessment Act 1979 and associated planning instruments
  2. 2 Whether a variation to the height of buildings standard under cl 4.3 of the Strathfield Local Environmental Plan 2011 should be granted via cl 4.6
  3. 3 Whether the proposal complies with relevant statutory and planning scheme requirements for boarding houses and mixed use developments

Ratio Decidendi

The Court held that the amended development application met all jurisdictional prerequisites for approval, including the justifiability of a minor height exceedance under cl 4.6 of the SLEP, compliance with relevant planning controls, and compatibility with the character of the local area. The decision to approve the application, uphold the appeal, and record the parties’ agreement is one the Court could properly make.

Court Disposition

Appeal upheld, development consent granted with conditions, and costs orders made.

Orders

  • The Applicant is to pay the Respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $12,000 within 28 days of the date of these orders.
  • The Applicant's amended written request under cl 4.6 of the Strathfield Local Environmental Plan 2011 prepared by Rod Logan dated 6 September 2021 seeking a variation to the height standard under cl 4.3 of the SLEP is upheld.