Central Property Holding Pty Limited and Wheeler v Inner West Council [2024] NSWLEC 1838

Central Property Holding Pty Limited and Wheeler v Inner West Council [2024] NSWLEC 1838

The parties' agreement to approve the amended development application, including variation of site coverage under cl 4.6 of the Inner West Local Environmental Plan 2022, is a decision the Court could have made as the written request justifies the departure from development standards and all relevant planning and environmental controls are satisfied.

Parties
Applicant: Central Property Holding Pty Limited; Applicant: Tone Wheeler; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
24 December 2024
Procedural Posture
Appeal / Determination After Conciliation Conference
Outcome
Appeal upheld; development consent granted; site coverage variation approved; costs ordered against applicant
Legal Topics
Development Application, Site Coverage Variation, Heritage Impact, Subdivision, Environmental Planning, Flood Risk Management, Stormwater Management
Planning and Environment Law Development Application Site Coverage Variation Heritage Impact Subdivision Environmental Planning Flood Risk Management Stormwater Management

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Parties

Central Property Holding Pty Limited

Applicant

Tone Wheeler

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal / Determination After Conciliation Conference

Legal Issues

  1. 1 Whether the proposed development should be approved despite non-compliance with the site coverage control under cl 4.3C of the Inner West Local Environmental Plan 2022
  2. 2 Whether the written request for variation under cl 4.6 of the Inner West Local Environmental Plan 2022 is sufficient
  3. 3 Whether the development satisfies relevant planning controls and objectives

Ratio Decidendi

The parties' agreement to approve the amended development application, including variation of site coverage under cl 4.6 of the Inner West Local Environmental Plan 2022, is a decision the Court could have made as the written request justifies the departure from development standards and all relevant planning and environmental controls are satisfied.

Court Disposition

Appeal upheld; development consent granted; site coverage variation approved; costs ordered against applicant

Orders

  • The Applicant is to pay the Respondent's costs thrown away by the amendment of the development application, in the sum of $4,000 within 28 days.
  • The written request for site coverage variation under cl 4.6 of the Inner West Local Environmental Plan 2022 is upheld.