TK Commercial Property Holdings Pty Ltd v Canterbury-Bankstown Council

[2017] NSWLEC 144

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. Appeal
2. › application for a retention of an existing residential flat building and construction of nine houses on three lots
3. › application refused by Council
1. Existing Use
2. › where residential flat buildings are prohibited under the Canterbury Local Environmental Plan 2012
3. › whether the residential flat building forming part of the proposal benefits existing use rights
4. › whether the residential flat building benefits from a saved consent
1. Development Controls
2. › floor space ratio
3. › how the floor space ratio control is to be applied to the proposal
4. › whether the floor space ratio control is to be applied to the residential flat building
5. › whether the floor space ratio control takes into account the site on which the residential flat building stands
1. Exceptions to Development Controls
2. › whether the request under cl 4.6 of the Canterbury Local Environmental Plan 2012 is well founded
3. › whether the consent authority is satisfied that an exception to the floor space ratio control should be granted