Jaya Kusuma Pty Ltd v Waverley Council [2019] NSWLEC 1084

Jaya Kusuma Pty Ltd v Waverley Council [2019] NSWLEC 1084

The development application for a residential flat building at 625-627 Old South Head Road was approved because the applicant’s written request satisfactorily addressed the requirements for varying the floor space ratio standard, and the amended plans preserved the environmental amenity of neighbouring properties, meeting the objectives of the standard and the planning controls.

Jurisdiction
Australia
Judgment Date
01 March 2019
Procedural Posture
Development Appeal / Final Determination Following Conciliation Conference
Outcome
Appeal upheld. Development Application approved subject to conditions.
Legal Topics
['development Application' 'floor Space Ratio' 'variation of Development Standard' 'conciliation and Agreement']
['planning and Environment Law'] ['development Application' 'floor Space Ratio' 'variation of Development Standard' 'conciliation and Agreement']

Case Brief

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Procedural Posture

Development Appeal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed development should be approved despite exceeding the floor space ratio development standard' 'Whether the written request under cl 4.6 of the Waverley Local Environment Plan 2012 justifies the variation of the floor space ratio standard' 'Whether the environmental amenity of neighbouring properties is preserved']

Ratio Decidendi

The development application for a residential flat building at 625-627 Old South Head Road was approved because the applicant’s written request satisfactorily addressed the requirements for varying the floor space ratio standard, and the amended plans preserved the environmental amenity of neighbouring properties, meeting the objectives of the standard and the planning controls.

Court Disposition

Appeal upheld. Development Application approved subject to conditions.

Orders

  • ['The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1(a) of Annexure "A".' "The applicant is to pay the respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of...