Sun Life Dior Pty Ltd ATF Sun Life Dior Unit Trust v Fairfield Council [2020] NSWLEC 1087

Sun Life Dior Pty Ltd ATF Sun Life Dior Unit Trust v Fairfield Council [2020] NSWLEC 1087

The site properly measured has a depth of at least 40 metres and thus qualifies for 1.5:1 FSR under cl 4.4A(2)(b)(ii) of Fairfield LEP 2013. The amended proposal is compliant with planning controls, provides appropriate bulk and scale, is consistent with zone objectives, and does not generate unacceptable impacts for the public domain or adjoining sites. Development consent should be granted.

Jurisdiction
Australia
Judgment Date
28 February 2020
Procedural Posture
Appeal Against Deemed Refusal of Development Application (class 1 Merits Appeal) / Final Orders Granting Consent
Outcome
Appeal upheld; development consent granted on conditions
Legal Topics
['development Application' 'floor Space Ratio' 'statutory Interpretation' 'bulk and Scale' 'public Interest' 'ecological Impact']
['planning and Environment Law'] ['development Application' 'floor Space Ratio' 'statutory Interpretation' 'bulk and Scale' 'public Interest' 'ecological Impact']

Case Brief

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Procedural Posture

Appeal Against Deemed Refusal of Development Application (class 1 Merits Appeal) / Final Orders Granting Consent

Legal Issues

  1. 1 ['Proper construction of clause 4.4A of Fairfield Local Environmental Plan 2013 for determining applicable Floor Space Ratio (FSR)' 'Whether the site depth qualifies for 1.5:1 FSR' 'Appropriateness of built form regarding bulk, scale, and character' 'Public interest considerations and impact on Wetland']

Ratio Decidendi

The site properly measured has a depth of at least 40 metres and thus qualifies for 1.5:1 FSR under cl 4.4A(2)(b)(ii) of Fairfield LEP 2013. The amended proposal is compliant with planning controls, provides appropriate bulk and scale, is consistent with zone objectives, and does not generate unacceptable impacts for the public domain or adjoining sites. Development consent should be granted.

Court Disposition

Appeal upheld; development consent granted on conditions

Orders

  • ['The appeal is upheld.' 'Development consent is granted to Development Application No 97.1/2018 (as amended) for demolition and construction of a six-storey residential flat building containing two basement levels of parking at 7-11 Weston Street, Fairfield subject to conditions in Annexure A.' 'Exhibits are...