Varvaressos v Canterbury City Council [2011] NSWLEC 1137

Land and Environment Court New South Wales

Medium Neutral Citation: Varvaressos v Canterbury City Council [2011] NSWLEC 1137 Hearing dates: 4 May 2011 Decision date: 26 May 2011 Jurisdiction: Class 1 Before: Morris C Decision: (1)The appeal is dismissed; (2)The section 96 application to modify development consent 1080/2003 is refused; (3)The exhibits, other than exhibits A, C and 1 are returned. Catchwords: Modification; Dwelling House; Bulk and Scale; Streetscape. Legislation Cited: Environmental Planning and Assessment Act 1979; Canterbury Planning Scheme Ordinance; State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Texts Cited: Canterbury Single Unit Dwelling House Code; Canterbury Development Control Plan No. 49 -Single Dwelling Code; Canterbury Energy Smart Homes Policy. Category: Principal judgment Parties: M & A Varvaressos (Applicants) Canterbury City Council (Respondent) Representation: Mr K Papanicolaou (Applicant) KP Lawyers

Mr A Seton (Respondent) Marsdens Law Group File Number(s): 10143 of 2011

Judgment 1This is an appeal against the refusal by Canterbury City Council (the council) of an application which sought modification of development consent No 1080/2003 (the consent) to allow for an increase in floor area and covered outdoor area, amendment to internal and external design and reduction of front and side setbacks of a dwelling house. 2The matters in contention whether the additions should be allowed having regard to the council's floor space ratio (FSR), height, and setback controls and whether the proposal would be an overdevelopment of the site.