Shrik Petersham Pty Ltd v Inner West Council [2016] NSWLEC 1337

Shrik Petersham Pty Ltd v Inner West Council [2016] NSWLEC 1337

The applicant made reasonable attempts to amalgamate with 29 Gordon Street, including multiple offers above valuation; the non-amalgamation does not preclude the reasonable development of 29 Gordon Street, especially given its common ownership with 31 Gordon Street. The amended proposal for 27 Gordon Street satisfies substantive planning controls, addresses objector and Council concerns, and results in no unacceptable site isolation or amenity impacts. Non-compliance with the DCP amalgamation pattern does not warrant refusal; approval is justified.

Jurisdiction
Australia
Judgment Date
16 August 2016
Procedural Posture
Class 1 Appeal Under S 97(1) Environmental Planning and Assessment Act 1979 / Judgment and Final Orders
Outcome
Appeal upheld.
Legal Topics
['development Application' 'site Amalgamation' 'site Isolation' 'dcp Masterplan Compliance' 'residential Flat Building' 'waste Management' 'car Parking and Access' 'resident Objections']
['planning and Environment Law'] ['development Application' 'site Amalgamation' 'site Isolation' 'dcp Masterplan Compliance' 'residential Flat Building' 'waste Management' 'car Parking and Access' 'resident Objections']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 97(1) Environmental Planning and Assessment Act 1979 / Judgment and Final Orders

Legal Issues

  1. 1 ['Whether reasonable attempts at site amalgamation with 29 Gordon Street were made as required under the DCP Masterplan' 'Whether the proposed development would result in unacceptable site isolation of 29 Gordon Street' 'Whether the amended proposal should be approved given non-compliance with DCP amalgamation provisions but compliance with other relevant planning controls']

Ratio Decidendi

The applicant made reasonable attempts to amalgamate with 29 Gordon Street, including multiple offers above valuation; the non-amalgamation does not preclude the reasonable development of 29 Gordon Street, especially given its common ownership with 31 Gordon Street. The amended proposal for 27 Gordon Street satisfies substantive planning controls, addresses objector and Council concerns, and results in no unacceptable site isolation or amenity impacts. Non-compliance with the DCP amalgamation pattern does not warrant refusal; approval is justified.

Court Disposition

Appeal upheld.

Orders

  • ['The appeal is upheld.' 'DA201500524 for the demolition of existing buildings and construction of a residential flat building at 27 Gordon Street, Petersham is approved subject to the conditions in Annexure A.' 'The exhibits, except Exhibits A and 1, are returned.']