Sterner & Anor v ACT Planning and Land Authority (Administrative Review)

The Sterner & Anor v ACT Planning and Land Authority (Administrative Review) case involved the applicants contesting the decision of the delegate of the respondent to refuse their development application for a property located in Deakin, Canberra. The applicants sought to develop a two-storey four-unit building on a block previously used as a single dwelling. The main legal issues before the court were whether the block in question was a'standard block' under the planning codes and, if it was, whether the development proposal complied with the relevant planning codes. Additionally, the court had to consider whether the proposal complied with the zone objectives, and if there was any justification to refuse the proposal despite its compliance with the codes.

The court first examined the definition of 'standard block' and concluded that Block 11 was indeed a standard block as it was originally used as a single dwelling. This conclusion was critical because if Block 11 was a standard block, the lease did not explicitly permit two dwellings. The court further considered whether the proposal was code compliant and found that it was, except for two specific matters: the setback of the courtyard walls and the basement side setback related to safety and privacy. The court also considered the interplay between sections 119 and 120 of the Planning and Development Act, noting that while a code-compliant proposal typically meets the zone objectives, there is a discretion to refuse such a proposal if necessary. However, the court concluded that it was not an exceptional case warranting the exercise of this discretion.

In its decision, the court confirmed the delegate's decision to refuse the development application. The reasoning was grounded in the interpretation of the planning codes and the finding that Block 11 was a standard block, which precluded the proposed two-dwelling development. The court's final orders confirmed the delegate's decision, thereby denying the applicants' appeal.