Stargate Building & Constructions Pty Ltd v Waverley Council [2018] NSWLEC 1576

Stargate Building & Constructions Pty Ltd v Waverley Council [2018] NSWLEC 1576

The Court upheld the appeal and approved the development application because the parties reached an agreement satisfying s 34(3) of the Land and Environment Court Act 1979, and the Commissioner found that the requirements for variation under cl 4.6 of the Waverley Local Environmental Plan 2012 were adequately addressed and justified, thereby permitting the contravention of the floor space ratio standard.

Parties
Applicant: Stargate Building & Constructions Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
07 November 2018
Procedural Posture
Class 1 Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld
Legal Topics
Development Application, Conciliation Conference, Consent Orders, Variation of Development Standards
Planning and Environment Law Development Application Conciliation Conference Consent Orders Variation of Development Standards

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Parties

Stargate Building & Constructions Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 Whether agreement between parties under s 34(3) of the Land and Environment Court Act 1979 should be given effect by the Court
  2. 2 Whether the variation of the floor space ratio development standard under cl 4.6 of the Waverley Local Environmental Plan 2012 should be permitted

Ratio Decidendi

The Court upheld the appeal and approved the development application because the parties reached an agreement satisfying s 34(3) of the Land and Environment Court Act 1979, and the Commissioner found that the requirements for variation under cl 4.6 of the Waverley Local Environmental Plan 2012 were adequately addressed and justified, thereby permitting the contravention of the floor space ratio standard.

Court Disposition

Appeal upheld

Orders

  • The applicant's request to justify breach of the floor space ratio standard under cl 4.6 of the Waverley Local Environmental Plan 2012 is considered well founded and is upheld.
  • Applicant granted leave to rely on the amended plans and documentation specified.