Ribarevski & anor v Botany Bay City Council [2015] NSWLEC 1187

Ribarevski & anor v Botany Bay City Council [2015] NSWLEC 1187

The Council's characterisation of the development was correct, so the floor space ratio development standard applied and was contravened; however, the cl 4.6 objection was sustained, making it appropriate to make the proposed consent orders and grant development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
28 May 2015
Procedural Posture
Class 1 Development Appeal / Consent Orders Hearing Following Conciliation Conferences
Outcome
Appeal upheld and development consent granted subject to conditions; written request to contravene the development standard upheld.
Legal Topics
['development Application' 'characterisation of Development' 'floor Space Ratio Development Standard' 'clause 4.6 Objection' 'consent Orders']
['planning and Environment' 'development Consent'] ['development Application' 'characterisation of Development' 'floor Space Ratio Development Standard' 'clause 4.6 Objection' 'consent Orders']

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Procedural Posture

Class 1 Development Appeal / Consent Orders Hearing Following Conciliation Conferences

Legal Issues

  1. 1 ['Whether the proposed development was correctly characterised as semi-detached dwellings or as dwelling houses under the applicable local environmental plan.' 'Whether the floor space ratio development standard applied and was contravened by the proposal.' "Whether the applicant's written request or objection to contravene the floor space ratio development standard should be upheld so that consent orders could be made."]

Ratio Decidendi

The Council's characterisation of the development was correct, so the floor space ratio development standard applied and was contravened; however, the cl 4.6 objection was sustained, making it appropriate to make the proposed consent orders and grant development consent subject to conditions.

Court Disposition

Appeal upheld and development consent granted subject to conditions; written request to contravene the development standard upheld.

Orders

  • ['Leave is granted to the Applicant to file amended plans prepared by Fotoulla Lazaridis Architect being DA01, DA02, DA03, DA04, DA05, DA06, DA07, DA08, DA11, DA12, DA24, DA27, DA30, W01 and W02 inclusive and all dated 22.05.15.' "Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the...