ONR Johnston Street Pty Ltd V Inner West Council [2024] NSWLEC 1575

ONR Johnston Street Pty Ltd V Inner West Council [2024] NSWLEC 1575

The appeal is upheld and development consent granted because the proposal satisfies jurisdictional prerequisites for consent, clause 4.6 variation is justified, all relevant planning and environmental controls are met or sufficiently addressed through reports and agreed conditions, and the decision is one the Court could properly make in the circumstances of the agreement reached by the parties.

Parties
Applicant: ONR Johnston Street Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Appeal (class 1) Development Application / Final Judgment With Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted; costs ordered as agreed.
Legal Topics
Development Application, Co Living Housing, Heritage Conservation, Stormwater Management, Flood Planning, Aircraft Noise, Clause 4.6 Variation, State Environmental Planning Policies
Planning and Environment Law Development Application Co Living Housing Heritage Conservation Stormwater Management Flood Planning Aircraft Noise Clause 4.6 Variation +1 more

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Parties

ONR Johnston Street Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal (class 1) Development Application / Final Judgment With Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for alterations and additions to an existing residential care facility to facilitate co-living housing and associated works, despite exceedance of floor space ratio and other planning controls.
  2. 2 Whether the clause 4.6 written request to vary the floor space development standard should be upheld.
  3. 3 Whether the development satisfies statutory and policy requirements including regarding heritage, flood, stormwater, noise, contamination, and neighbourhood impacts.

Ratio Decidendi

The appeal is upheld and development consent granted because the proposal satisfies jurisdictional prerequisites for consent, clause 4.6 variation is justified, all relevant planning and environmental controls are met or sufficiently addressed through reports and agreed conditions, and the decision is one the Court could properly make in the circumstances of the agreement reached by the parties.

Court Disposition

Appeal upheld; development consent granted; costs ordered as agreed.

Orders

  • The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application for development consent, in the agreed sum of $9,000 to be paid within 28 days.
  • The appeal is upheld.