Lo Brothers Company Pty Limited v Inner West Council (No 2) [2022] NSWLEC 1114

Lo Brothers Company Pty Limited v Inner West Council (No 2) [2022] NSWLEC 1114

The proposed development, as amended, satisfies all relevant planning controls, including permissibility as shop top housing, proper mitigation of flooding impacts, reliability of parking solution, consideration of associated impacts, and meets the criteria for varying the building height standard under cl 4.6 of ALEP. As the application is consistent with planning objectives and public interest, consent should be granted subject to conditions.

Jurisdiction
Australia
Judgment Date
07 March 2022
Procedural Posture
Appeal Under S 8.7(1) Environmental Planning and Assessment Act 1979 (class 1) / Final Judgment After Hearing and Amended Application
Outcome
Appeal upheld, consent granted with conditions
Legal Topics
['development Application' 'height of Buildings Control' 'permissibility of Land Use' 'flooding Considerations' 'heritage Conservation' 'parking Arrangements' 'public Submissions' 'variation of Planning Standard']
['planning and Environment' 'administrative Law'] ['development Application' 'height of Buildings Control' 'permissibility of Land Use' 'flooding Considerations' 'heritage Conservation' 'parking Arrangements' 'public Submissions' 'variation of Planning Standard']

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Procedural Posture

Appeal Under S 8.7(1) Environmental Planning and Assessment Act 1979 (class 1) / Final Judgment After Hearing and Amended Application

Legal Issues

  1. 1 ["Whether the proposed development constitutes 'shop top housing' and is permissible" 'Whether the flooding implications have been adequately addressed' 'Suitability of parking stacker system' 'Impacts of associated works not part of the application' 'Adequacy of consideration for height standard variation' 'Impact on heritage conservation area']

Ratio Decidendi

The proposed development, as amended, satisfies all relevant planning controls, including permissibility as shop top housing, proper mitigation of flooding impacts, reliability of parking solution, consideration of associated impacts, and meets the criteria for varying the building height standard under cl 4.6 of ALEP. As the application is consistent with planning objectives and public interest, consent should be granted subject to conditions.

Court Disposition

Appeal upheld, consent granted with conditions

Orders

  • ['The request pursuant to clause 4.6 of Ashfield Local Environmental Plan 2013 to vary the development standard for Height of Buildings contained in clause 4.3 thereof, prepared by ABC Planning Pty Ltd dated December 2021 is upheld.' 'The appeal is upheld.' 'Development Application No. DA20210182, as amended, to...