Andonovski v Inner West Council [2018] NSWLEC 1668

Andonovski v Inner West Council [2018] NSWLEC 1668

The Court upheld the appeal and granted development consent because the proposed development, with conditions, meets planning and zone objectives, the contravention of the FSR development standard was justified, and required statutory prerequisites were satisfied under cl 4.6 and s 34(3).

Parties
Applicant: George Andonovski; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Class 1 Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld. Development application approved subject to conditions.
Legal Topics
Development Application, Conciliation Conference, Subdivision, Heritage Conservation, Floor Space Ratio Variation
Planning and Environment Development Application Conciliation Conference Subdivision Heritage Conservation Floor Space Ratio Variation

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Parties

George Andonovski

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether development consent should be granted for the alterations, additions, and subdivision as proposed in the development application
  2. 2 Whether the breach of the floor space ratio (FSR) development standard is justified under cl 4.6 of the Marrickville Local Environmental Plan 2011

Ratio Decidendi

The Court upheld the appeal and granted development consent because the proposed development, with conditions, meets planning and zone objectives, the contravention of the FSR development standard was justified, and required statutory prerequisites were satisfied under cl 4.6 and s 34(3).

Court Disposition

Appeal upheld. Development application approved subject to conditions.

Orders

  • The applicant is granted leave to amend the application and rely on the specified plans.
  • The applicant's written request under cl 4.6 to justify the breach of the FSR standard is upheld.