Belle & Lily Pty Ltd v Inner West Council [2020] NSWLEC 1105

Belle & Lily Pty Ltd v Inner West Council [2020] NSWLEC 1105

Agreement was reached under s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and grant development consent subject to conditions, as the requirements for variations to development standards under clause 4.6 of the Marrickville Local Environmental Plan 2011 were satisfied, and the decision was acceptable to both parties and within the Court's proper exercise of functions.

Jurisdiction
Australia
Judgment Date
10 March 2020
Procedural Posture
Appeal Under S 8.7 Environmental Planning and Assessment Act 1979 / Conciliation Conference and Final Orders
Outcome
Appeal upheld, development consent granted subject to conditions
Legal Topics
['development Application' 'building Height' 'floor Space Ratio' 'clause 4.6 Variation Requests' 'residential Zone Compliance']
['planning and Environment'] ['development Application' 'building Height' 'floor Space Ratio' 'clause 4.6 Variation Requests' 'residential Zone Compliance']

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Procedural Posture

Appeal Under S 8.7 Environmental Planning and Assessment Act 1979 / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for demolition and construction of multi-dwelling housing and residential flat building' 'Whether clause 4.6 variation requests for height and floor space ratio standards under Marrickville Local Environmental Plan 2011 should be upheld']

Ratio Decidendi

Agreement was reached under s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and grant development consent subject to conditions, as the requirements for variations to development standards under clause 4.6 of the Marrickville Local Environmental Plan 2011 were satisfied, and the decision was acceptable to both parties and within the Court's proper exercise of functions.

Court Disposition

Appeal upheld, development consent granted subject to conditions

Orders

  • ['Leave is granted to rely on the listed amended plans and documents.' 'Clause 4.6 requests for contravention of maximum height and floor space ratio standards are upheld.' "Applicant to pay respondent's costs thrown away by reason of the amended application in the sum of $6,600.00 by 22 February 2020." "Development...