FFS Canterbury Pty Ltd v Canterbury-Bankstown Council

FFS Canterbury Pty Ltd, the applicant, sought judicial review of the Canterbury-Bankstown Council’s refusal to grant development consent for a mixed-use development project. The primary issue was whether the council’s decision was legally sound, considering the statutory criteria and relevant policies. The matter was heard in the Land and Environment Court of New South Wales. The applicant sought to amend their development application and argued that the council's refusal was unreasonable and not in accordance with the law.

The court had to determine if the applicant's proposed amendments to the development plans were acceptable and whether the council's refusal to approve the development application was lawful. This involved examining whether the council had properly considered the statutory criteria, relevant policies, and the merits of the proposed development. The applicant contended that the council had failed to adequately consider the proposed amendments and had incorrectly applied certain policies in reaching their decision.

The court found that the applicant's proposed amendments to the development plans were acceptable and that the council's refusal to approve the development application was unreasonable. The court held that the council had not properly considered the statutory criteria and had incorrectly applied certain policies in reaching their decision. Consequently, the court allowed the appeal and granted the applicant's development consent, subject to specific conditions outlined in the judgment. The court also ordered that the applicant's exhibits be returned, except for certain documents which were to be retained for further administrative purposes.