TC Three Pty Ltd ATF TC3 Trust v Waverley Council [2020] NSWLEC 1620

TC Three Pty Ltd ATF TC3 Trust v Waverley Council [2020] NSWLEC 1620

The appeal was upheld and development consent granted because the parties' agreed outcome was permissible under the Court's jurisdiction; the height and floor space ratio exceedances were justified under clause 4.6 objections, and a contribution for lost affordable housing was provided.

Jurisdiction
Australia
Judgment Date
10 December 2020
Procedural Posture
Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Disposition After Conciliation Conference and Agreement
Outcome
Appeal upheld; development consent granted subject to conditions; leave to amend application granted; costs awarded to Respondent.
Legal Topics
['development Application' 'boarding House Demolition' 'residential Flat Building' 'development Consent' 'height and Floor Space Ratio Controls' 'affordable Housing' 'design Quality' 'sustainability Index']
['planning and Environment'] ['development Application' 'boarding House Demolition' 'residential Flat Building' 'development Consent' 'height and Floor Space Ratio Controls' 'affordable Housing' 'design Quality' 'sustainability Index']

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Procedural Posture

Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Disposition After Conciliation Conference and Agreement

Legal Issues

  1. 1 ['Whether leave should be granted to amend the development application' 'Whether development consent should be granted for demolition and new residential flat building' 'Whether height and floor space ratio non-compliances may be permitted under clause 4.6 of WLEP 2012' 'Whether appropriate contributions for loss of affordable housing are provided']

Ratio Decidendi

The appeal was upheld and development consent granted because the parties' agreed outcome was permissible under the Court's jurisdiction; the height and floor space ratio exceedances were justified under clause 4.6 objections, and a contribution for lost affordable housing was provided.

Court Disposition

Appeal upheld; development consent granted subject to conditions; leave to amend application granted; costs awarded to Respondent.

Orders

  • ['Applicant granted leave to amend development application to rely on plans identified in Annexure C.' "Applicant to pay Respondent's costs thrown away in the sum of $6,000.00 within 14 days." 'Appeal upheld.' 'Development Application No. 187/2020 for demolition and erection of new residential flat building at 278,...