Quattro Leone Holdings Pty Ltd v Inner West Council [2019] NSWLEC 1495

Quattro Leone Holdings Pty Ltd v Inner West Council [2019] NSWLEC 1495

The amended development proposal, though exceeding the maximum permissible floor space ratio, complies with key planning and heritage objectives, addresses amenity and parking concerns, and meets the necessary pre-conditions for consent. The clause 4.6 request for FSR variation is justified and in the public interest. Consent is granted, and leave is given to rely on the amended plans.

Parties
Applicant: Quattro Leone Holdings Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
16 October 2019
Procedural Posture
Appeal / Final Orders Post Conciliation Conference
Outcome
Appeal upheld; development consent granted.
Legal Topics
Development Application, Heritage Protection, Floor Space Ratio, Development Consent, Clause 4.6 Variance
Planning and Environment Development Application Heritage Protection Floor Space Ratio Development Consent Clause 4.6 Variance

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Parties

Quattro Leone Holdings Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal / Final Orders Post Conciliation Conference

Legal Issues

  1. 1 Whether to grant leave to rely on amended architectural plans
  2. 2 Whether to uphold clause 4.6 request for non-compliance with floor space ratio standard
  3. 3 Whether to grant development consent despite floor space ratio exceedance

Ratio Decidendi

The amended development proposal, though exceeding the maximum permissible floor space ratio, complies with key planning and heritage objectives, addresses amenity and parking concerns, and meets the necessary pre-conditions for consent. The clause 4.6 request for FSR variation is justified and in the public interest. Consent is granted, and leave is given to rely on the amended plans.

Court Disposition

Appeal upheld; development consent granted.

Orders

  • Leave is granted to the Applicant to rely on the amended architectural plans listed in condition 1 of the conditions of consent at Annexure 'A'.
  • Applicant is to pay Respondent's costs agreed at $4,000.00 within 7 days of the date of the orders.