Ascot Project Management Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1491

Ascot Project Management Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1491

The Court was satisfied both that the proposal's exceedance of the FSR was justified by site-specific factors and that reasonable offers had been made for amalgamation of the site with adjoining properties; thus, the consent could be lawfully granted.

Parties
Applicant: Ascot Project Management Pty Ltd; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
06 September 2017
Procedural Posture
Appeal / Final Orders by Consent
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
Development Application, Floor Space Ratio, Land Consolidation, Development Standards, Amalgamation of Sites
Planning Law Development Application Floor Space Ratio Land Consolidation Development Standards Amalgamation of Sites

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Parties

Ascot Project Management Pty Ltd

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal / Final Orders by Consent

Legal Issues

  1. 1 Whether the exceedance of the floor space ratio (FSR) development standard is justified
  2. 2 Whether the amalgamation of the site with adjoining properties is reasonably feasible

Ratio Decidendi

The Court was satisfied both that the proposal's exceedance of the FSR was justified by site-specific factors and that reasonable offers had been made for amalgamation of the site with adjoining properties; thus, the consent could be lawfully granted.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application No. 0504/16 for seven townhouses over basement parking at 6, 6A and 8 Maclaurin Parade, Roseville, is approved, subject to the conditions of consent at Annexure A.