Belle Living Pty Ltd v Inner West Council [2022] NSWLEC 1068

Belle Living Pty Ltd v Inner West Council [2022] NSWLEC 1068

The appeal was upheld and development consent granted because the applicant’s written requests pursuant to cl 4.6 of the Leichhardt Local Environmental Plan 2013 satisfactorily addressed the matters required to justify variations to development standards on site coverage, landscaping and floor space ratio, all relevant planning controls and statutory prerequisites were met, and the proposal was found to be in the public interest.

Parties
Applicant: Belle Living Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
10 February 2022
Procedural Posture
Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
Adaptive Reuse, Development Standards, Variation of Development Standards, Conciliation Conference, Development Consent
Planning and Environment Adaptive Reuse Development Standards Variation of Development Standards Conciliation Conference Development Consent

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Parties

Belle Living Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether written requests to vary development standards in clauses 4.3A and 4.4 of the Leichhardt Local Environmental Plan 2013 are justified
  2. 2 Whether jurisdictional prerequisites for granting consent under s 34 of the Land and Environment Court Act 1979 and s 4.16 of the Environmental Planning and Assessment Act 1979 are met
  3. 3 Whether the development meets relevant planning controls and principles, including heritage and stormwater management

Ratio Decidendi

The appeal was upheld and development consent granted because the applicant’s written requests pursuant to cl 4.6 of the Leichhardt Local Environmental Plan 2013 satisfactorily addressed the matters required to justify variations to development standards on site coverage, landscaping and floor space ratio, all relevant planning controls and statutory prerequisites were met, and the proposal was found to be in the public interest.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The written request pursuant to cl 4.6 of the Leichhardt Local Environmental Plan 2013 to vary the development standard in clause 4.3A, Landscaping, is upheld.
  • The written request pursuant to cl 4.6 of the Leichhardt Local Environmental Plan 2013 to vary the development standard in clause 4.4, Floor Space Ratio, is upheld.