Issa v Hunter’s Hill Council [2023] NSWLEC 1691

Issa v Hunter’s Hill Council [2023] NSWLEC 1691

The written requests prepared in accordance with cl 4.6 of Hunters Hill Local Environmental Plan 2012 sufficiently justify the variation to the development standards for floor space ratio and landscaped area. The Court is satisfied, having regard to the statutory and policy requirements, that the proposal is reasonable, satisfies the objectives of the relevant controls, will not have unacceptable adverse impacts, and that consent may be granted subject to conditions.

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; Development consent granted with conditions
Legal Topics
['development Standards' 'variation Requests' 'floor Space Ratio' 'landscaped Area' 'development Consent' 'heritage' 'stormwater' 'earthworks' 'biodiversity' 'contaminated Land' 'basix']
['planning and Environment Law'] ['development Standards' 'variation Requests' 'floor Space Ratio' 'landscaped Area' 'development Consent' 'heritage' 'stormwater' 'earthworks' 'biodiversity' 'contaminated Land' 'basix']

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Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether written requests for variations to the floor space ratio and landscaped area development standards under cl 4.6 of Hunters Hill Local Environmental Plan 2012 should be upheld' 'Whether the proposed development meets the objectives of the zone and relevant standards and is in the public interest' 'Whether the Court should grant development consent subject to conditions']

Ratio Decidendi

The written requests prepared in accordance with cl 4.6 of Hunters Hill Local Environmental Plan 2012 sufficiently justify the variation to the development standards for floor space ratio and landscaped area. The Court is satisfied, having regard to the statutory and policy requirements, that the proposal is reasonable, satisfies the objectives of the relevant controls, will not have unacceptable adverse impacts, and that consent may be granted subject to conditions.

Court Disposition

Appeal upheld; Development consent granted with conditions

Orders

  • ['The cl 4.6 requests for variations to the floor space ratio and landscaped area development standards, as prepared by Andrew Martin Planning and dated October 2023, are upheld.' 'The appeal is upheld.' 'Development application DA 2023/0026 for minor addition (new entry) to an existing dwelling, construction of a...