Dib v Canterbury-Bankstown Council [2021] NSWLEC 1553

Dib v Canterbury-Bankstown Council [2021] NSWLEC 1553

Clause 30AA of SEPP (Affordable Rental Housing) 2009 is a development standard to which cl 4.6 of the BLEP applies. The applicant's written request justifies the variation to allow more than 12 rooms because the objectives of the standard and the zone are achieved, and the proposed development is compatible with local character. Subject to specified amendments, conditional consent will be granted.

Parties
Applicant: William Dib; Respondent: Canterbury Bankstown Council
Jurisdiction
Australia
Judgment Date
22 September 2021
Procedural Posture
Class 1 Appeal / Judgment With Post Hearing Directions
Outcome
Conditional grant of development consent (subject to further directions and amendments)
Legal Topics
Development Application, Boarding House, Development Standard, Clause 4.6 Variation, Neighbourhood Character, State Environmental Planning Policy (affordable Rental Housing), Bankstown Local Environmental Plan
Planning Law Environmental Law Administrative Law Development Application Boarding House Development Standard Clause 4.6 Variation Neighbourhood Character +2 more

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Parties

William Dib

Applicant

Canterbury Bankstown Council

Respondent

Procedural Posture

Class 1 Appeal / Judgment With Post Hearing Directions

Legal Issues

  1. 1 Whether cl 30AA of SEPP (Affordable Rental Housing) 2009 is a development standard or a prohibition
  2. 2 Whether a written request under cl 4.6 adequately justifies a variation from the 12-room limit
  3. 3 Compatibility of the proposal with neighbourhood character per cl 30A of SEPP (Affordable Rental Housing) 2009

Ratio Decidendi

Clause 30AA of SEPP (Affordable Rental Housing) 2009 is a development standard to which cl 4.6 of the BLEP applies. The applicant's written request justifies the variation to allow more than 12 rooms because the objectives of the standard and the zone are achieved, and the proposed development is compatible with local character. Subject to specified amendments, conditional consent will be granted.

Court Disposition

Conditional grant of development consent (subject to further directions and amendments)

Orders

  • Applicant to file final architectural drawings based on Revision E plans with specified amendments within 7 days
  • Respondent to file draft conditions of consent reflecting decision and filed plans within a further 7 days