SSTG Property Pty Ltd v Inner West Council [2022] NSWLEC 1557

SSTG Property Pty Ltd v Inner West Council [2022] NSWLEC 1557

The Court held that, given the particularities of the site and the need for further investigation unable to proceed until demolition, a two-step approval consisting of partial consent for demolition and deferred commencement consent for the remainder of the development (excavation, remediation, construction), with conditions addressing remaining uncertainties, was lawful and appropriate under s 4.16(4) and s 4.16(3) of the Environmental Planning and Assessment Act 1979. The proposal satisfied planning controls and the statutory and case law criteria for deferred commencement were met.

Parties
Applicant: SSTG Property Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
14 October 2022
Procedural Posture
Class 1 Appeal / Judgment and Final Orders on Appeal Against Deemed Refusal of Development Application
Outcome
Appeal upheld
Legal Topics
Development Application, Demolition, Affordable Housing, Floor Space Ratio Bonus, Deferred Commencement Consent, Heritage Conservation, Amenity, Structural Integrity, Contamination and Remediation
Planning and Environment Law Development Application Demolition Affordable Housing Floor Space Ratio Bonus Deferred Commencement Consent Heritage Conservation Amenity +2 more

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 3 Authorities cited 12 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

SSTG Property Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Judgment and Final Orders on Appeal Against Deemed Refusal of Development Application

Legal Issues

  1. 1 Whether consent should be granted for demolition and construction of four multi dwelling houses, including in-fill affordable housing, at 180 Darling Street, Balmain
  2. 2 Whether a stepped approval approach (partial consent and deferred commencement consent) is lawful and appropriate in the circumstances
  3. 3 Whether statutory criteria for deferred commencement are met, including whether essential evaluative matters under s 4.15(1) of the Environmental Planning and Assessment Act 1979 are satisfied before consent is granted

Ratio Decidendi

The Court held that, given the particularities of the site and the need for further investigation unable to proceed until demolition, a two-step approval consisting of partial consent for demolition and deferred commencement consent for the remainder of the development (excavation, remediation, construction), with conditions addressing remaining uncertainties, was lawful and appropriate under s 4.16(4) and s 4.16(3) of the Environmental Planning and Assessment Act 1979. The proposal satisfied planning controls and the statutory and case law criteria for deferred commencement were met.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • DA/2021/1170 is determined with partial consent granted for demolition (subject to conditions in Annexure A); deferred commencement consent is granted for the remainder of the development (subject to conditions in Annexure B).