Hardy v Inner West Council [2024] NSWLEC 1383

Hardy v Inner West Council [2024] NSWLEC 1383

The Court could make the parties' agreed decision because the amended DA was made with owner consent, had been notified, addressed the public submission and relevant planning controls, was permissible in the R1 General Residential zone, and satisfied the applicable environmental planning instruments. The Applicant's cl 4.6 written request adequately justified the FSR variation because the existing dwelling already exceeded the standard, the amended roof form was compatible with the heritage conservation area, the exceedance caused no material increase in impacts or diminution of neighbouring amenity, and the amended DA met the objectives of the R1 zone and cl 4.4. Accordingly, the appeal...

Jurisdiction
Australia
Judgment Date
05 July 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/2023/0358 / Orders Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; consent granted to Development Application DA/2023/0358 as amended, subject to conditions.
Legal Topics
['development Application' 'alterations and Additions to Dwelling House' 'floor Space Ratio' 'clause 4.6 Written Request' 'heritage Conservation Area' 'conciliation Conference' 'development Consent']
['planning and Environment Law'] ['development Application' 'alterations and Additions to Dwelling House' 'floor Space Ratio' 'clause 4.6 Written Request' 'heritage Conservation Area' 'conciliation Conference' 'development Consent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/2023/0358 / Orders Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether consent should be granted to the amended Development Application DA/2023/0358 under s 4.16 of the Environmental Planning and Assessment Act 1979.' "Whether the Applicant's cl 4.6 written request adequately justified variation of the floor space ratio development standard in cl 4.4 of the Inner West Local Environmental Plan 2022." 'Whether relevant environmental planning instruments, public submissions, heritage impacts, stormwater, contamination, water catchment, foreshore and BASIX matters were appropriately addressed.']

Ratio Decidendi

The Court could make the parties' agreed decision because the amended DA was made with owner consent, had been notified, addressed the public submission and relevant planning controls, was permissible in the R1 General Residential zone, and satisfied the applicable environmental planning instruments. The Applicant's cl 4.6 written request adequately justified the FSR variation because the existing dwelling already exceeded the standard, the amended roof form was compatible with the heritage conservation area, the exceedance caused no material increase in impacts or diminution of neighbouring amenity, and the amended DA met the objectives of the R1 zone and cl 4.4. Accordingly, the appeal...

Court Disposition

Appeal upheld; consent granted to Development Application DA/2023/0358 as amended, subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA/2023/0358 and rely upon the amended plans referred to at Annexure A.' 'The appeal is upheld.' 'Consent is granted to Development Application DA/2023/0358 (as amended) for the demolition of a portion of the existing roof and addition of a new...