Nguyen Services Pty Ltd v Inner West Council [2022] NSWLEC 1442

Nguyen Services Pty Ltd v Inner West Council [2022] NSWLEC 1442

The appeal is upheld and development consent granted because the jurisdictional prerequisites for consent are satisfied: the proposed development will comply with or suitably justify any contravention of planning standards, exhibits design excellence, and meets environmental and infrastructure compatibility requirements. The written request justifies the height variance, and both parties agree to the amended development and conditions.

Parties
Applicant: Nguyen Services Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
24 August 2022
Procedural Posture
Development Appeal / Final Judgment Following Agreement at Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Appeal, Mixed Use Development, Height of Building Development Standard, Floor Space Ratio Development Standard, Design Excellence
Planning and Environment Development Appeal Mixed Use Development Height of Building Development Standard Floor Space Ratio Development Standard Design Excellence

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Parties

Nguyen Services Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Development Appeal / Final Judgment Following Agreement at Conciliation Conference

Legal Issues

  1. 1 Whether the Proposed Development satisfies the jurisdictional prerequisites for the grant of consent under the Environmental Planning and Assessment Act 1979
  2. 2 Whether the contravention of the Height of Building development standard in cl 4.3 of the Marrickville Local Environmental Plan 2011 is justified under cl 4.6
  3. 3 Whether the Proposed Development exhibits design excellence as required by cl 6.20 of the Marrickville Local Environmental Plan 2011

Ratio Decidendi

The appeal is upheld and development consent granted because the jurisdictional prerequisites for consent are satisfied: the proposed development will comply with or suitably justify any contravention of planning standards, exhibits design excellence, and meets environmental and infrastructure compatibility requirements. The written request justifies the height variance, and both parties agree to the amended development and conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The written request made pursuant to cl 4.6 of the Marrickville Local Environmental Plan 2011 to justify the contravention of the height development standard in cl 4.3, as prepared by Gerard Turrisi of GAT & Associates and dated 26 July 2022 is upheld.
  • The Appeal is upheld.