Urbanesque Planning Pty Ltd v Canterbury City Council [2009] NSWLEC 1057

Land and Environment Court of New South Wales

CITATION : Urbanesque Planning Pty Ltd v Canterbury City Council [2009] NSWLEC 1057

APPLICANT Urbanesque Planning Pty Ltd PARTIES : RESPONDENT Canterbury City Council

FILE NUMBER(S) : 11267 of 2008

CORAM: Hussey C

KEY ISSUES: SECTION 96 APPLICATION :- Deletion condition requiring alterations to FSR, Bulk, Scale, Streetscape

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Canterbury Local Environmental Plan 138

CASES CITED: Salanitro-Chafei v Ashfield Council [2005] NSWLEC 366

DATES OF HEARING: 27/02/2009

DATE OF JUDGMENT: 27 February 2009

APPLICANT Mr S. Kinger, solicitor

LEGAL REPRESENTATIVES: RESPONDENT Mr A. Seton, solicitor of Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

27 February 2009

11267of 2008 Urbanesque Planning Pty Ltd v Canterbury City Council

JUDGMENT Background 1 This appeal was lodged against council's refusal of a section 96 application to modify a condition of the development consent for an attached dual occupancy at 178 Burwood Road, Croydon Park.

2 The development consent was granted on 18 September 2002 and included the following condition, which is appealed: 1.16 The design of the building being modified as follows : * … * Reduce the floor space so it does not achieve maximum 0.5:1, in accordance with the requirements of Council's Dual Occupancy Code (DCP 14). * ... 3 Following this consent, a construction certificate was granted on the basis of the approved plan, but not in compliance with condition 1.16. At the time of assessment of the original development application the FSR was calculated at 0.53:1.