ZTA Group Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1248

ZTA Group Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1248

The Court found the applicant's cl 4.6 written request adequately addressed that strict compliance with the front building line width was unreasonable and unnecessary, that sufficient environmental planning grounds existed, and that the zone and standard objectives were achieved without adverse amenity impacts. The proposal was considered consistent with the public interest and the planning controls. As such, the discretion under cl 4.6 to approve the variation was properly exercised, and the other Council contentions, including solar access, were resolved.

Jurisdiction
Australia
Judgment Date
05 June 2019
Procedural Posture
Appeal (class 1) / Final Judgment
Outcome
Appeal upheld; Development Application approved subject to conditions.
Legal Topics
['development Application' 'dual Occupancy' 'minimum Lot Size' 'variation of Development Standard' 'solar Access' 'amenity' 'public Interest']
['planning and Environment'] ['development Application' 'dual Occupancy' 'minimum Lot Size' 'variation of Development Standard' 'solar Access' 'amenity' 'public Interest']

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Procedural Posture

Appeal (class 1) / Final Judgment

Legal Issues

  1. 1 ['Whether the variation to the minimum front building line width under cl 4.1A(2)(a) of the Bankstown Local Environmental Plan 2015 should be granted under cl 4.6' 'Whether the proposed dual occupancy development is suitable for the site and in the public interest' 'Whether the development provides adequate solar access to adjoining dwellings']

Ratio Decidendi

The Court found the applicant's cl 4.6 written request adequately addressed that strict compliance with the front building line width was unreasonable and unnecessary, that sufficient environmental planning grounds existed, and that the zone and standard objectives were achieved without adverse amenity impacts. The proposal was considered consistent with the public interest and the planning controls. As such, the discretion under cl 4.6 to approve the variation was properly exercised, and the other Council contentions, including solar access, were resolved.

Court Disposition

Appeal upheld; Development Application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Amended Development Application 177/2018 for demolition of existing structures, construction of attached dual occupancy dwellings, and Torrens title subdivision of one lot into two lots with a dwelling on each lot, on Lot 1 DP 29650, also known as 1A Tewinga Road, Birrong is approved,...