Derakhshandegan v Waverley Council [2022] NSWLEC 1423

Derakhshandegan v Waverley Council [2022] NSWLEC 1423

The Court may and does uphold the appeal, granting approval to the amended development application, including a variation of the floor space ratio standard, as the statutory and planning preconditions for approval are satisfied and the agreement between the parties is one the Court could properly make.

Jurisdiction
Australia
Judgment Date
24 August 2022
Procedural Posture
Appeal (class 1 Development Appeal) / Final Determination After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered against applicant.
Legal Topics
['development Application' 'conciliation Conference' 'floor Space Ratio Variation' 'residential Zoning' 'waverley Local Environmental Plan' 'section 34 Agreement' 'subdivision']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'floor Space Ratio Variation' 'residential Zoning' 'waverley Local Environmental Plan' 'section 34 Agreement' 'subdivision']

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Procedural Posture

Appeal (class 1 Development Appeal) / Final Determination After Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application complies with applicable planning instruments and regulations' 'Whether the proposed variation to the floor space ratio (FSR) standard under cl 4.4 of Waverley Local Environmental Plan 2012 should be permitted via cl 4.6 request' 'Whether the preconditions for approval under the Environmental Planning and Assessment Act 1979 and associated regulations are satisfied']

Ratio Decidendi

The Court may and does uphold the appeal, granting approval to the amended development application, including a variation of the floor space ratio standard, as the statutory and planning preconditions for approval are satisfied and the agreement between the parties is one the Court could properly make.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered against applicant.

Orders

  • ['Applicant is granted leave to rely on the listed plans and documents.' "Applicant shall pay Respondent's costs in the sum of $8,000.00 within 28 days per s 8.15(3) Environmental Planning and Assessment Act 1979." "Applicant's cl 4.6 request to vary the floor space ratio standard at cl 4.4 of WLEP is upheld." 'The...