Sekulovski v Inner West Council [2024] NSWLEC 1471

Sekulovski v Inner West Council [2024] NSWLEC 1471

The final amended development application, as supported by expert evidence and subject to heritage and plan rectification conditions, does not result in unacceptable impacts on the King Street and Enmore Road Heritage Conservation Area or the streetscape. Although there is a diminution in amenity, particularly loss of communal open space, this is adequately offset by site attributes, including proximity to public open space and private balconies. The clause 4.6 written request to exceed FSR is justified by the circumstances and merits, the degree of exceedance is minor relative to the whole, and the impacts are acceptable. The conditions imposed achieve required planning and heritage...

Parties
Applicant: Nikolce Sekulovski; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
06 August 2024
Procedural Posture
Development Application Appeal / Final Hearing and Judgment
Outcome
Appeal upheld; consent granted subject to conditions; costs order in favour of Respondent; exhibits returned as ordered.
Legal Topics
Development Application, Heritage Conservation, Floor Space Ratio, Residential Amenity, Streetscape Impact
Planning and Environment Development Application Heritage Conservation Floor Space Ratio Residential Amenity Streetscape Impact

Case Brief

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Parties

Nikolce Sekulovski

Applicant

Inner West Council

Respondent

Procedural Posture

Development Application Appeal / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the amended development application results in unacceptable impacts on heritage and streetscape
  2. 2 Whether the amended development application unreasonably diminishes amenity for existing residents, including solar access, privacy, and loss of communal open space
  3. 3 Whether the applicant's clause 4.6 written request to vary the floor space ratio standard is justified

Ratio Decidendi

The final amended development application, as supported by expert evidence and subject to heritage and plan rectification conditions, does not result in unacceptable impacts on the King Street and Enmore Road Heritage Conservation Area or the streetscape. Although there is a diminution in amenity, particularly loss of communal open space, this is adequately offset by site attributes, including proximity to public open space and private balconies. The clause 4.6 written request to exceed FSR is justified by the circumstances and merits, the degree of exceedance is minor relative to the whole, and the impacts are acceptable. The conditions imposed achieve required planning and heritage...

Court Disposition

Appeal upheld; consent granted subject to conditions; costs order in favour of Respondent; exhibits returned as ordered.

Orders

  • Leave granted to amend DA2022/0879 and rely on amended plans and documents.
  • Applicant to pay Respondent's costs thrown away as a result of amending the Development Application, as agreed or assessed.