Statewide Planning Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1210

Statewide Planning Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1210

The Court found that the applicant demonstrated the neighbouring property at 1A Trafalgar Street would not be left isolated or incapable of reasonable redevelopment under the applicable controls. The plans showed a compliant redevelopment option. The Court further held that reasonable attempts at amalgamation were made. Therefore, development consent should be granted subject to conditions.

Jurisdiction
Australia
Judgment Date
04 May 2021
Procedural Posture
Development Application Appeal / Final Determination After Hearing
Outcome
Conditional development consent granted
Legal Topics
['development Application' 'site Isolation' 'land Use Zoning' 'residential Flat Buildings' 'amalgamation of Land' 'reasonable Potential for Redevelopment']
['planning and Environment Law'] ['development Application' 'site Isolation' 'land Use Zoning' 'residential Flat Buildings' 'amalgamation of Land' 'reasonable Potential for Redevelopment']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Appeal / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether the proposed development isolates the adjoining corner lot at 1A Trafalgar Street under the Canterbury Development Control Plan 2012' 'Whether the development is in the public interest having regard to site isolation and planning principles']

Ratio Decidendi

The Court found that the applicant demonstrated the neighbouring property at 1A Trafalgar Street would not be left isolated or incapable of reasonable redevelopment under the applicable controls. The plans showed a compliant redevelopment option. The Court further held that reasonable attempts at amalgamation were made. Therefore, development consent should be granted subject to conditions.

Court Disposition

Conditional development consent granted

Orders

  • ['Council to prepare and file conditions of consent template within 7 days for final orders.']