Formzen Pty Limited v Inner West Council [2018] NSWLEC 1645

Formzen Pty Limited v Inner West Council [2018] NSWLEC 1645

The development, as amended, is compatible with the character of the local area and acceptable in terms of bulk, scale, height, and amenity. It meets the core development standards of the SEPP-ARH and LEP, including site area, FSR, height, landscaped and deep soil area, and parking, except for minor non-compliance in two unit sizes. Amenity impacts are reasonable given site constraints. Conditions on recycling storage and adaptability features, as amended, reflect compliance with policy objectives and DCP requirements.

Parties
Applicant: Formzen Pty Limited; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld; development application approved with conditions.
Legal Topics
Development Application, Affordable Housing, Overdevelopment, Bulk and Scale, Built Form, Infill Development, Local Character Compatibility, Urban Design, Privacy Impacts, Landscaping and Open Space, Amenity, Disputed Conditions, Public Interest
Planning and Environment Law Development Application Affordable Housing Overdevelopment Bulk and Scale Built Form Infill Development Local Character Compatibility +6 more

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Parties

Formzen Pty Limited

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed development is compatible with the character of the local area as required by cl 16A of SEPP-ARH
  2. 2 Whether the application meets design quality principles under SEPP 65
  3. 3 Whether proposed landscaping, setbacks, and communal open space are adequate

Ratio Decidendi

The development, as amended, is compatible with the character of the local area and acceptable in terms of bulk, scale, height, and amenity. It meets the core development standards of the SEPP-ARH and LEP, including site area, FSR, height, landscaped and deep soil area, and parking, except for minor non-compliance in two unit sizes. Amenity impacts are reasonable given site constraints. Conditions on recycling storage and adaptability features, as amended, reflect compliance with policy objectives and DCP requirements.

Court Disposition

Appeal upheld; development application approved with conditions.

Orders

  • The appeal is upheld.
  • Development Application 10.2017.039.1 for demolition of existing buildings and construction of an infill affordable housing development at 24-24A Cecil Street, Ashfield is approved subject to the conditions set out in Annexure "A".