Zenere v Canterbury City Council [2006] NSWLEC 263

Land and Environment Court of New South Wales

CITATION : Zenere v Canterbury City Council [2006] NSWLEC 263

Applicant: Albert Zenere Architects PARTIES : Respondent: Canterbury City Council

FILE NUMBER(S) : 10836 of 2004

CORAM: Roseth SC

KEY ISSUES: Development Application :- non-compliance with FSR development standard; validity of SEPP 1 Objection

DATES OF HEARING: 15/05/2006 and 16/05/2006

DATE OF JUDGMENT: 05/19/2006

Applicant: LEGAL REPRESENTATIVES: Mr P McEwen, SC instructed by Mr F Pomare of Lapaine Pomare Forster Respondent: Mr A Seton, solicitor of Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

19 May 2006

10836 of 2004 Albert Zenere Architects v Canterbury City Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by Canterbury City Council (the council) of a development application to demolish the existing structures and erect a five-to six-level building over basement parking containing shops and 25 dwellings on lot 101 DP 747279, known as 221-235 Homer Street, Eastwood and lot 12 DP 10801, known as 208 Wardell Road, Eastwood.

The site 2 The site is on the northern side of Homer Street, at the eastern end of the Eastwood centre, a strip shopping centre established in the 1920s. The buildings in the centre are mainly two-storeys with higher floor to ceiling heights than usual in contemporary buildings. Immediately to the west is a vacant corner site that was formerly a service station. An undetermined development application for a mixed use building on that site is now on appeal at this Court. To the east two-storey commercial buildings with residences on the second storey extend to Bakers Lane. To the north is a traditional residential area of mainly single-storey houses. The boundary between the commercial and the residential zones runs along the northern boundary of the site.