Environa Studio Pty Ltd v Inner West Council [2020] NSWLEC 1147

Environa Studio Pty Ltd v Inner West Council [2020] NSWLEC 1147

The Court is satisfied that all statutory prerequisites have been addressed and that, in light of the amended development application, supporting documents and clause 4.6 written requests, the proposed variations to height and FSR are justified. The development complies with other relevant planning instruments, achieves the zone objectives, addresses public submissions, and any non-compliance is reasonable and consistent with the public interest. Consent is therefore granted, and the appeal upheld.

Jurisdiction
Australia
Judgment Date
27 March 2020
Procedural Posture
Class 1 Appeal / Judgment Following Conciliation Conference
Outcome
Appeal upheld; consent granted subject to conditions.
Legal Topics
['development Consent' 'clause 4.6 Variation Requests' 'height and FSR Standards' 'marrickville Local Environmental Plan 2011' 'environmental Planning' 'appeal Against Refusal' 'affordable Housing' 'amenity Impacts']
['planning Law' 'development Applications' 'local Government'] ['development Consent' 'clause 4.6 Variation Requests' 'height and FSR Standards' 'marrickville Local Environmental Plan 2011' 'environmental Planning' 'appeal Against Refusal' 'affordable Housing' 'amenity Impacts']

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Procedural Posture

Class 1 Appeal / Judgment Following Conciliation Conference

Legal Issues

  1. 1 ['Whether consent should be granted to DA201800055 with proposed variations to development standards for height and floor space ratio under cl 4.6 of Marrickville LEP 2011' 'Compliance with State and local planning instruments, including SEPPs and Marrickville DCP' 'Consideration of public submissions and amenity impacts']

Ratio Decidendi

The Court is satisfied that all statutory prerequisites have been addressed and that, in light of the amended development application, supporting documents and clause 4.6 written requests, the proposed variations to height and FSR are justified. The development complies with other relevant planning instruments, achieves the zone objectives, addresses public submissions, and any non-compliance is reasonable and consistent with the public interest. Consent is therefore granted, and the appeal upheld.

Court Disposition

Appeal upheld; consent granted subject to conditions.

Orders

  • ['Leave to amend development application and rely on amended plans.' "Applicant to pay respondent's costs incurred by amendments ($5,500 within 28 days)." 'Clause 4.6 written requests for variation of height and FSR standards upheld.' 'Development consent granted to DA201800055 for mixed use boarding house and...