Ceerose Pty Ltd v Inner West Council [2017] NSWLEC 1080

Ceerose Pty Ltd v Inner West Council [2017] NSWLEC 1080

The exceedence of the FSR standard is justified by the adaptive reuse of the bakery, the compatibility with evolving and desired future character, the acceptable merit assessment against zone objectives, and agreed solutions for access and waste management, subject to retention of a café and onsite waste collection.

Jurisdiction
Australia
Judgment Date
23 February 2017
Procedural Posture
Appeal Under S 97(1) Environmental Planning and Assessment Act 1979 (nsw) / Final Orders Following Hearing and Addendum
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'mixed Use Development' 'adaptive Reuse' 'clause 4.6 Variation' 'desired Future Character' 'floor Space Ratio' 'heritage Conservation' 'waste Collection' 'access and Parking' 'objector Submissions']
['planning and Environment'] ['development Application' 'mixed Use Development' 'adaptive Reuse' 'clause 4.6 Variation' 'desired Future Character' 'floor Space Ratio' 'heritage Conservation' 'waste Collection' 'access and Parking' 'objector Submissions']

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Procedural Posture

Appeal Under S 97(1) Environmental Planning and Assessment Act 1979 (nsw) / Final Orders Following Hearing and Addendum

Legal Issues

  1. 1 ['Justification for exceedence of floor space ratio (FSR) under clause 4.6 of Leichhardt Local Environmental Plan 2013' 'Compatibility of development with desired future character' 'Adequacy of access, parking and waste management arrangements' 'Heritage impacts and adaptive reuse' "Addressing objectors' concerns"]

Ratio Decidendi

The exceedence of the FSR standard is justified by the adaptive reuse of the bakery, the compatibility with evolving and desired future character, the acceptable merit assessment against zone objectives, and agreed solutions for access and waste management, subject to retention of a café and onsite waste collection.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['Applicant to file amended plans reflecting findings within 14 days.' 'Council to file updated conditions of consent reflecting design changes within 14 days of receipt of amended plans.' 'Final orders to be made in Chambers upon receipt of plans and conditions.' 'Development Application D/2015744 for demolition...