Fifty50 Investments Pty Ltd v Inner West Council [2019] NSWLEC 1339

Fifty50 Investments Pty Ltd v Inner West Council [2019] NSWLEC 1339

Having regard to the written request and agreement between the parties, the Court was satisfied the jurisdictional prerequisites for varying the FSR control were met, the environmental planning grounds justified the variation, and the development was in the public interest in accordance with the proper exercise of the Court's functions. The appeal was upheld and conditional development consent granted.

Jurisdiction
Australia
Judgment Date
19 July 2019
Procedural Posture
Appeal Against Refusal of Development Application / Final Determination After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered to respondent.
Legal Topics
['development Application' 'fsr Variation' 'heritage Conservation' 'mixed Use Development' 'consent Orders']
['planning and Environment Law'] ['development Application' 'fsr Variation' 'heritage Conservation' 'mixed Use Development' 'consent Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Against Refusal of Development Application / Final Determination After Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for a mixed-use development despite non-compliance with floor space ratio control' 'Whether the written request under cl 4.6 of the LLEP 2013 to vary the FSR control is justified' 'Whether the proposed development is consistent with the aims and objectives of the relevant planning instruments' 'Whether the development provides a sympathetic heritage response']

Ratio Decidendi

Having regard to the written request and agreement between the parties, the Court was satisfied the jurisdictional prerequisites for varying the FSR control were met, the environmental planning grounds justified the variation, and the development was in the public interest in accordance with the proper exercise of the Court's functions. The appeal was upheld and conditional development consent granted.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs ordered to respondent.

Orders

  • ['Leave granted to rely on amended architectural plans as detailed in Order 1.' 'Applicant to pay Respondent’s costs agreed at $2,500.00 within 28 days.' 'Applicant’s cl 4.6 written request to vary FSR standard upheld.' 'Appeal upheld.' 'Development consent granted to D/2018/259 for alterations and additions as set...