Parker Logan Property Pty Ltd v Inner West Council [2018] NSWLEC 1339

Parker Logan Property Pty Ltd v Inner West Council [2018] NSWLEC 1339

There is no inconsistency between cl 29(4) of SEPP ARH and cl 4.6 of Marrickville LEP 2011; thus, departures from FSR and height standards require satisfaction of cl 4.6. The proposal achieves consistency with zone objectives, FSR and height standards objectives, and provides adequate amenity despite not meeting numerical ceiling height. Consent is granted as minor non-compliance is justified under cl 4.6 with sufficient planning grounds and responsiveness to contextual approvals. Condition requiring subdivision is not necessary.

Jurisdiction
Australia
Judgment Date
06 July 2018
Procedural Posture
Appeal / Final Determination
Outcome
Appeal upheld; development consent granted.
Legal Topics
['development Application' 'boarding House' 'floor Space Ratio' 'building Height' 'amenity' 'compatibility' 'affordable Rental Housing']
['planning Law' 'environmental Law'] ['development Application' 'boarding House' 'floor Space Ratio' 'building Height' 'amenity' 'compatibility' 'affordable Rental Housing']

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Procedural Posture

Appeal / Final Determination

Legal Issues

  1. 1 ['Whether cl 4.6 of Marrickville LEP 2011 is inconsistent with cl 29(4) of SEPP ARH' 'Calculation of floor space ratio including acquisition area' 'Justification for variations to FSR and height standards' 'Adequacy of internal amenity for boarding rooms' 'Compatibility with the local area character' 'Necessity of condition requiring subdivision']

Ratio Decidendi

There is no inconsistency between cl 29(4) of SEPP ARH and cl 4.6 of Marrickville LEP 2011; thus, departures from FSR and height standards require satisfaction of cl 4.6. The proposal achieves consistency with zone objectives, FSR and height standards objectives, and provides adequate amenity despite not meeting numerical ceiling height. Consent is granted as minor non-compliance is justified under cl 4.6 with sufficient planning grounds and responsiveness to contextual approvals. Condition requiring subdivision is not necessary.

Court Disposition

Appeal upheld; development consent granted.

Orders

  • ['The appeal is upheld.' 'Development consent is granted for the demolition of existing structures and the construction of a part four, part five storey mixed use development at 3-7 Crystal Street, Petersham (Lot 1 DP63868) with one level of basement car parking, a ground floor commercial/retail unit, four ground...