Abdul-Rahman v Canterbury Council [2014] NSWLEC 1092

Land and Environment Court New South Wales

Medium Neutral Citation: Abdul-Rahman v Canterbury Council [2014] NSWLEC 1092 Hearing dates: 12 May 2014 Decision date: 20 May 2014 Jurisdiction: Class 1 Before: Brown C Decision: Directions for amended plans and conditions Catchwords: DEVELOPMENT APPLICATION: demolition of an existing dwelling and associated outbuilding and the construction of a two storey multi dwelling housing development - inadequate front and rear setbacks - inadequate private open space - inadequate deep soil area - building design - inadequate off street parking Legislation Cited: Canterbury Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Mahmoud Abdul-Rahman (Applicant) Canterbury Council (Respondent) Representation: Mr P Clay SC (Applicant) Mr A Seton, solicitor (Respondent) Conomos Legal (Applicant) Marsdens Law Group (Respondent) File Number(s): 10979 of 2013 Publication restriction: No

Judgment 1COMMISSIONER: This is an appeal against the refusal of Development Application No. DA-268/2013 for the demolition of an existing dwelling and associated outbuilding and the construction of a two storey multi dwelling housing development containing three units with 3 off street car parking spaces at 1 Stoddart Street, Roselands (the site). 2The council contends that the application should be refused because: (1)the proposed development has excessive bulk and scale and is out of character due to: * inadequate front and rear setbacks, * inadequate private open space, * inadequate deep soil area, and * building design. (2)the proposed development has inadequate off street parking.