Stojanovski v Sutherland Shire Council [2022] NSWLEC 1195

Stojanovski v Sutherland Shire Council [2022] NSWLEC 1195

The appeal was upheld and consent granted to the amended DA because the proposal meets the objectives of the relevant planning instruments, the variation to the FSR standard is justified under cl 4.6, relevant statutory and policy requirements are satisfied, resident concerns are addressed, and there are no jurisdictional impediments to granting consent.

Parties
First Applicant: Christina Stojanovski; Second Applicant: Lila Stojanovski; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
13 April 2022
Procedural Posture
Appeal Against Deemed Refusal of Development Application (class 1) / Final Determination Following Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; consent granted to development application subject to conditions
Legal Topics
Development Application, Dual Occupancy Dwelling, Floor Space Ratio (fsr) Variation, Breach in FSR Standard, Conciliation Conference, Consent Orders
Planning and Environment Law Development Application Dual Occupancy Dwelling Floor Space Ratio (fsr) Variation Breach in FSR Standard Conciliation Conference Consent Orders

Case Brief

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Parties

Christina Stojanovski

First Applicant

Lila Stojanovski

Second Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal Against Deemed Refusal of Development Application (class 1) / Final Determination Following Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 Whether the amended development application DA 21/0828 should be granted consent despite a breach of the FSR standard
  2. 2 Whether the cl 4.6 written request justifies the variation of the FSR development standard
  3. 3 Whether the amended proposal adequately addresses resident and planning concerns and complies with relevant statutory and policy requirements

Ratio Decidendi

The appeal was upheld and consent granted to the amended DA because the proposal meets the objectives of the relevant planning instruments, the variation to the FSR standard is justified under cl 4.6, relevant statutory and policy requirements are satisfied, resident concerns are addressed, and there are no jurisdictional impediments to granting consent.

Court Disposition

Appeal upheld; consent granted to development application subject to conditions

Orders

  • The appeal is upheld.
  • Development application DA 21/0828 for the demolition of the existing dwelling and associated structures and the construction of a 2-storey attached dual occupancy, landscaping and other associated works and Strata title subdivision into two lots at Lot 6, DP 5353, also known as 14 Marra Place, Sylvania is...