Mankarious v Bankstown City Council [2014] NSWLEC 1220

Mankarious v Bankstown City Council [2014] NSWLEC 1220

The development as modified is substantially the same as originally approved, the objectives of the Floor Space Ratio control are met, and modification should be allowed notwithstanding technical noncompliance with FSR standard under the LEP.

Jurisdiction
Australia
Judgment Date
28 October 2014
Procedural Posture
Appeal Against Refusal to Modify Development Consent / Final Decision
Outcome
Appeal upheld
Legal Topics
['modification of Consent' 'development Application' 'floor Space Ratio' 'local Environmental Plan']
['planning and Environment Law'] ['modification of Consent' 'development Application' 'floor Space Ratio' 'local Environmental Plan']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Against Refusal to Modify Development Consent / Final Decision

Legal Issues

  1. 1 ['Whether the proposed modification renders the development substantially the same as that originally approved' 'Whether the Court can approve a development that exceeds the Floor Space Ratio under the relevant LEP']

Ratio Decidendi

The development as modified is substantially the same as originally approved, the objectives of the Floor Space Ratio control are met, and modification should be allowed notwithstanding technical noncompliance with FSR standard under the LEP.

Court Disposition

Appeal upheld

Orders

  • ['Appeal upheld' 'Condition 2 of Determination Notice No. DA-16/2013 amended as detailed in the judgment' 'Development to proceed in accordance with amended plans and conditions' 'A Building Certificate is required as a result of the modification' 'Exhibits, other than exhibit A, may be returned']