Hunter’s Hill Ventures Pty Ltd v Inner West Council [2022] NSWLEC 1605

Hunter’s Hill Ventures Pty Ltd v Inner West Council [2022] NSWLEC 1605

The Court found the applicant's written request under cl 4.6 of the LLEP was well-founded, that the objectives of the floor space ratio standard and B2 Local Centre zone were satisfied, and that sufficient environmental planning grounds existed to justify the contravention, enabling the Court to grant consent to the development despite non-compliance with the FSR limit.

Parties
Applicant: Hunter's Hill Ventures Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
02 November 2022
Procedural Posture
Class 1 Appeal Land and Environment Court / Determination Following Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted.
Legal Topics
Development Application, Floor Space Ratio Standard, Clause 4.6 Variation, Heritage Conservation, Environmental Planning Instruments, Public Interest, Urban Development
Planning and Environment Law Development Application Floor Space Ratio Standard Clause 4.6 Variation Heritage Conservation Environmental Planning Instruments Public Interest Urban Development

Case Brief

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Parties

Hunter's Hill Ventures Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal Land and Environment Court / Determination Following Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether development consent should be granted despite contravention of floor space ratio development standard in Leichhardt Local Environmental Plan 2013
  2. 2 Whether written request under cl 4.6 is well-founded
  3. 3 Whether proposal is in the public interest and consistent with zone objectives

Ratio Decidendi

The Court found the applicant's written request under cl 4.6 of the LLEP was well-founded, that the objectives of the floor space ratio standard and B2 Local Centre zone were satisfied, and that sufficient environmental planning grounds existed to justify the contravention, enabling the Court to grant consent to the development despite non-compliance with the FSR limit.

Court Disposition

Appeal upheld; development consent granted.

Orders

  • The Applicant's written request under clause 4.6 of the Leichhardt Local Environmental Plan 2013 to vary the development standard for FSR required by clause 4.4 is upheld.
  • The appeal is upheld.