Darwich v Canterbury-Bankstown Council [2022] NSWLEC 1206

Darwich v Canterbury-Bankstown Council [2022] NSWLEC 1206

The Court upheld the appeal and granted development consent as the applicant's written request under cl 4.6 adequately justified the variation to the minimum lot width, jurisdictional prerequisites were satisfied, and contentions had been addressed by amending the development application.

Parties
Applicant: Sam Darwich; Respondent: Canterbury-Bankstown Council
Jurisdiction
Australia
Judgment Date
19 April 2022
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld, development consent granted.
Legal Topics
Development Application, Variation of Development Standards, Minimum Lot Width, Dual Occupancy, Consent Orders
Planning and Environment Development Application Variation of Development Standards Minimum Lot Width Dual Occupancy Consent Orders

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 2 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Sam Darwich

Applicant

Canterbury-Bankstown Council

Respondent

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the variation to minimum lot width under clause 4.6 of the Bankstown Local Environmental Plan 2015 should be granted
  2. 2 Whether the amended development application addresses contentions regarding access to sunlight, site suitability, and lot width
  3. 3 Whether jurisdictional prerequisites for granting consent under s 4.16 of the Environmental Planning and Assessment Act 1979 are met

Ratio Decidendi

The Court upheld the appeal and granted development consent as the applicant's written request under cl 4.6 adequately justified the variation to the minimum lot width, jurisdictional prerequisites were satisfied, and contentions had been addressed by amending the development application.

Court Disposition

Appeal upheld, development consent granted.

Orders

  • Leave is granted to amend Development Application DA-313/2021 and rely on amended plans and documents listed at Annexure A.
  • Applicant to pay respondent's costs thrown away as result of amendment in agreed amount of $2,000 within 28 days.