The Motel Group Pty Ltd v Strathfield Council [2017] NSWLEC 1227

The Motel Group Pty Ltd v Strathfield Council [2017] NSWLEC 1227

The court concluded that strict compliance with the building height development standard is unreasonable or unnecessary in the circumstances since the proposed development achieves the planning objectives, addresses objector concerns via conditions or amendments, and produces an appropriate outcome. The Clause 4.6 objection is upheld and development consent is granted subject to conditions.

Jurisdiction
Australia
Judgment Date
05 May 2017
Procedural Posture
Development Application Appeal / Final Hearing and Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'consent Orders' 'clause 4.6 Variation' 'residential Flat Development' 'resident Objections']
['planning and Environment'] ['development Application' 'consent Orders' 'clause 4.6 Variation' 'residential Flat Development' 'resident Objections']

Case Brief

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Procedural Posture

Development Application Appeal / Final Hearing and Orders

Legal Issues

  1. 1 ['Whether to grant development consent to a residential flat building proposal contrary to height controls under clause 4.6 of the Strathfield LEP 2012' 'Whether objector concerns (privacy, amenity, traffic, drainage, character, etc.) warrant refusal of the proposal' 'Whether the variation of the height control is justified and in the public interest']

Ratio Decidendi

The court concluded that strict compliance with the building height development standard is unreasonable or unnecessary in the circumstances since the proposed development achieves the planning objectives, addresses objector concerns via conditions or amendments, and produces an appropriate outcome. The Clause 4.6 objection is upheld and development consent is granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely upon amended plans and documents as set out in condition 1 of Part B of the Conditions of Consent annexed.' 'The clause 4.6 variation in relation to the height control standard is upheld.' 'The appeal is upheld.' "Development Application No. DA 2016/140 for the...