Artazan Property Group Pty Ltd v Inner West Council [2019] NSWLEC 1555

Artazan Property Group Pty Ltd v Inner West Council [2019] NSWLEC 1555

The applicant has established, including by way of written request under cl 4.6 LEP, that compliance with the floor space ratio standard is unreasonable or unnecessary and that there are sufficient environmental planning grounds to justify contravention; the proposal is consistent with both the objectives of the standard and the IN2 zone; traffic, parking, and amenity impacts are acceptable subject to imposed conditions.

Parties
Applicant: Artazan Property Group Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
15 November 2019
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Judgment and Orders After Hearing
Outcome
Appeal upheld; development application approved subject to conditions; amendments to application and written request allowed.
Legal Topics
Development Application, Floor Space Ratio Contravention, Traffic Impact, Parking, Residential Amenity, Consent Conditions
Planning Law Environmental Law Development Application Floor Space Ratio Contravention Traffic Impact Parking Residential Amenity Consent Conditions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Artazan Property Group Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Judgment and Orders After Hearing

Legal Issues

  1. 1 Whether the proposed development would have a significant negative impact on the local traffic system
  2. 2 Contravention of the Leichhardt Local Environmental Plan 2013 floor space ratio standard
  3. 3 Appropriate trading hours for the development

Ratio Decidendi

The applicant has established, including by way of written request under cl 4.6 LEP, that compliance with the floor space ratio standard is unreasonable or unnecessary and that there are sufficient environmental planning grounds to justify contravention; the proposal is consistent with both the objectives of the standard and the IN2 zone; traffic, parking, and amenity impacts are acceptable subject to imposed conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; amendments to application and written request allowed.

Orders

  • Leave granted to amend the application to accord with Annexure A plans.
  • Leave granted to amend the application by written request under cl 4.6 LEP dated 18 April 2019 regarding floor space ratio contravention.