C-Corp Nominees Pty Ltd v Inner West Council [2022] NSWLEC 1064

C-Corp Nominees Pty Ltd v Inner West Council [2022] NSWLEC 1064

The applicant’s written requests for variations to both height and FSR standards did not adequately address the required matters of clause 4.6 of LEP 2013. The court was not satisfied that compliance with either standard was unreasonable or unnecessary, nor were there sufficient environmental planning grounds to justify the variations. Therefore, there was no power to grant consent and the development application was refused.

Jurisdiction
Australia
Judgment Date
14 February 2022
Procedural Posture
Class 1 Appeal / Merits Appeal Final Determination
Outcome
Appeal dismissed
Legal Topics
['development Applications' 'existing Use Rights' 'heritage Conservation Areas' 'development Standards' 'variation Requests' 'floor Space Ratio (fsr)' 'building Height' 'r2 Low Density Residential Zoning']
['environmental and Planning Law'] ['development Applications' 'existing Use Rights' 'heritage Conservation Areas' 'development Standards' 'variation Requests' 'floor Space Ratio (fsr)' 'building Height' 'r2 Low Density Residential Zoning']

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Procedural Posture

Class 1 Appeal / Merits Appeal Final Determination

Legal Issues

  1. 1 ['Whether the requested variation to the maximum height standard should be upheld' 'Whether the requested variation to the maximum floor space ratio standard should be upheld' 'Whether the demolition and design of the proposed development have a detrimental impact on the heritage conservation area' 'Whether residential flat buildings are permissible in the R2 Low Density Residential zone and if existing use rights are established']

Ratio Decidendi

The applicant’s written requests for variations to both height and FSR standards did not adequately address the required matters of clause 4.6 of LEP 2013. The court was not satisfied that compliance with either standard was unreasonable or unnecessary, nor were there sufficient environmental planning grounds to justify the variations. Therefore, there was no power to grant consent and the development application was refused.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Development Application DA/2020/0691 for the demolition of existing structures and construction of a four storey residential flat building at 5 Bruce Street Ashfield is determined by way of refusal.' 'Exhibits are returned with the exception of Exhibit 1, A, B and C.']