FFS Canterbury Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1145

Land and Environment Court New South Wales

Medium Neutral Citation: FFS Canterbury Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1145 Hearing dates: 16, 17 March 2017 Date of orders: 29 March 2017 Decision date: 29 March 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on amended plans; (2) The appeal is upheld; (3) Consent is granted to Development Application No. 384/2015 for demolition and construction of a mixed use development containing ground floor commercial and 41 boarding rooms managers residents and 2 levels of basement car park at Lot 5, Section 1, DP 9055, 285 Canterbury Road, Canterbury, subject to conditions in Annexure A and the following additional operational conditions: (a) no component of the development shall exceed RL 27.8 as shown on the approved plans (b) the basement 2 floor plan [DA100 Rev 8] shall be amended to incorporate an additional at grade car space as shown in the previous revision of the plans. This space is to be allocated to the boarding house use; (c) the applicant is to install the WOHR Combilift 543 "premium model" car stacker (or equivalent approved by Council) with the widest platform with able to be accommodated within the approved basement. (4) The exhibits are returned with the exception of Exhibit A, F, 1 & 2. Catchwords: DEVELOPMENT APPEAL: Appeal against refusal of application for a mixed use development – boarding house - appropriateness site width – viability of commercial use – suitability of mechanical car stacker – compliance with Australian Standard. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy Infrastructure State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Trinvass Pty Ltd v Council of the City of Sydney [2015]NSWLEC 151 Zhang v Canterbury City Council [2001] NSWCA 167 Bellenger v Randwick City Council [2017] NSWLEC 1 Fabcot Pty Ltd v Hawkesbury City Council (1977) 93 LGERA 373 Osborne v Woollahra Municipal Council [2013]NSWLEC 1264 Texts Cited: AS/NZS 2890.1:2004 Parking Facilities Part 1: Off-street car parking. Category: Principal judgment Parties: FFS Canterbury Pty Ltd (Applicant) Canterbury- Bankstown Council (Respondent) Representation: Counsel: Ms S Duggan (Applicant)