Ishak v Inner West Council [2025] NSWLEC 1082

Ishak v Inner West Council [2025] NSWLEC 1082

The appeal was upheld and consent granted as the development, including the requested variation to the floor space ratio development standard, was found to address all relevant statutory requirements, satisfy public interest considerations, and be otherwise appropriate and acceptable in the circumstances.

Parties
Applicant: Natalie Ishak; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
14 February 2025
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
appeal upheld and development consent granted
Legal Topics
Development Applications, Variation to Development Standards, Costs, Conciliation Conference
Planning and Environment Law Development Applications Variation to Development Standards Costs Conciliation Conference

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Natalie Ishak

Applicant

Inner West Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether to grant development consent for demolition of existing structures and construction of four attached dwellings with car parking
  2. 2 Whether to uphold a written request under clause 4.6 of the Inner West Local Environmental Plan 2022 for a variation to the floor space ratio development standard
  3. 3 Assessment of compliance with applicable planning instruments, policies, and standards

Ratio Decidendi

The appeal was upheld and consent granted as the development, including the requested variation to the floor space ratio development standard, was found to address all relevant statutory requirements, satisfy public interest considerations, and be otherwise appropriate and acceptable in the circumstances.

Court Disposition

appeal upheld and development consent granted

Orders

  • Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant shall pay the Respondent's costs thrown away in the agreed sum of $7,000 within 28 days of these orders.
  • The Applicant's written request pursuant to cl 4.6 of the Inner West Local Environmental Plan 2022, seeking a variation to the development standard for floor space ratio, set out in cl 4.4 of the IWLEP, is upheld.