Strykowski v Waverley Council [2020] NSWLEC 1334

Strykowski v Waverley Council [2020] NSWLEC 1334

The amended written request and proposal justify non-compliance with the floor space ratio development standard, comply with the objectives of the standard and the R2 zoning, and are consistent with public interest, thus the variation and development consent is upheld.

Parties
Applicant: June Strykowski; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
29 July 2020
Procedural Posture
Class 1 Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development consent granted with variation to floor space ratio standard.
Legal Topics
Development Application, Conciliation Conference, Variation of Development Standard, Floor Space Ratio, Development Consent
Planning and Environment Development Application Conciliation Conference Variation of Development Standard Floor Space Ratio Development Consent

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Parties

June Strykowski

Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether the development application for demolition and construction meets the planning standards and can be approved with variation to floor space ratio
  2. 2 Whether the conditions and written request satisfy the requirements for variation under cl 4.6 of Waverley Local Environmental Plan 2012

Ratio Decidendi

The amended written request and proposal justify non-compliance with the floor space ratio development standard, comply with the objectives of the standard and the R2 zoning, and are consistent with public interest, thus the variation and development consent is upheld.

Court Disposition

Appeal upheld; development consent granted with variation to floor space ratio standard.

Orders

  • Leave granted to amend development application and rely on specified plans/documents.
  • Applicant's written request seeking variation of floor space ratio standard is upheld.