Boston Blyth Fleming Pty Limited v Inner West Council [2020] NSWLEC 1550

Boston Blyth Fleming Pty Limited v Inner West Council [2020] NSWLEC 1550

Consent should be granted for the development application as the applicant's written request has demonstrated that compliance with the development standards is unreasonable or unnecessary due to adaptive reuse and retention of heritage building, and sufficient environmental planning grounds exist to justify contravention. The proposal is in the public interest as it is consistent with the relevant objectives.

Jurisdiction
Australia
Judgment Date
09 November 2020
Procedural Posture
Appeal Against Refusal of Development Application / Post Conciliation Conference, Orders Made
Outcome
Appeal upheld; development application approved, subject to conditions.
Legal Topics
['development Application' 'consent Authority Functions' 'heritage Conservation' 'development Standards' 'landscaped Area' 'floor Space Ratio' 'public Interest']
['planning and Environment'] ['development Application' 'consent Authority Functions' 'heritage Conservation' 'development Standards' 'landscaped Area' 'floor Space Ratio' 'public Interest']

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Procedural Posture

Appeal Against Refusal of Development Application / Post Conciliation Conference, Orders Made

Legal Issues

  1. 1 ['Whether leave should be granted to amend development application' 'Whether consent should be granted for alterations and additions/change of use to boarding house and café' 'Whether contravention of landscaped area and FSR development standards is justified' 'Whether proposal is consistent with heritage significance and public interest']

Ratio Decidendi

Consent should be granted for the development application as the applicant's written request has demonstrated that compliance with the development standards is unreasonable or unnecessary due to adaptive reuse and retention of heritage building, and sufficient environmental planning grounds exist to justify contravention. The proposal is in the public interest as it is consistent with the relevant objectives.

Court Disposition

Appeal upheld; development application approved, subject to conditions.

Orders

  • ['Applicant granted leave to amend the development application to rely on amended architectural plans.' "Applicant to pay Respondent's costs thrown away due to amendment, in the amount of $6000 payable within 28 days." 'Appeal upheld.' 'Development Application D/2019/113 approved, subject to conditions of consent at...