Ceerose Pty Ltd v Inner West Council [2017] NSWLEC 1474

Ceerose Pty Ltd v Inner West Council [2017] NSWLEC 1474

The applicant's written request failed to demonstrate that compliance with the development standard is unreasonable or unnecessary in the circumstances, or that there are sufficient environmental planning grounds, as required by cl 4.6(3) of the LEP. The proposal was not compatible with the desired future character of the area in relation to its bulk, form, and scale, resulting in unacceptable impacts. Consequently, the application must be refused and the appeal dismissed.

Parties
Applicant: Ceerose Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Appeal / Judgment Final Decision
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Application, Floor Space Ratio, Character of Area, Development Standards, Clause 4.6 Variation, Local Environmental Plan, Development Control Plan
Planning and Environment Law Development Application Floor Space Ratio Character of Area Development Standards Clause 4.6 Variation Local Environmental Plan Development Control Plan

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Parties

Ceerose Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal / Judgment Final Decision

Legal Issues

  1. 1 Whether the proposed development is compatible with the desired future character of the area
  2. 2 Whether the contravention of the floor space ratio development standard is justified under cl 4.6 of the LEP
  3. 3 Whether the written request adequately addresses matters under cl 4.6

Ratio Decidendi

The applicant's written request failed to demonstrate that compliance with the development standard is unreasonable or unnecessary in the circumstances, or that there are sufficient environmental planning grounds, as required by cl 4.6(3) of the LEP. The proposal was not compatible with the desired future character of the area in relation to its bulk, form, and scale, resulting in unacceptable impacts. Consequently, the application must be refused and the appeal dismissed.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • The appeal is dismissed.
  • Development application no D/2016/504 seeking approval of a four storey residential flat building - including penthouse at 173 Norton Street is refused consent.