The Owners – Strata Plan No. 1618 v Waverley Council [2018] NSWLEC 1673

The Owners – Strata Plan No. 1618 v Waverley Council [2018] NSWLEC 1673

The appeal is upheld and development application approved, as amended plans address all relevant planning controls, Council contentions, and objector concerns, including heritage, amenity, and parking issues, and variation to floor space ratio standard is justified under cl 4.6 WLEP.

Jurisdiction
Australia
Judgment Date
19 December 2018
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Final Orders Following Conciliation Conference
Outcome
Appeal upheld. Development application approved subject to conditions.
Legal Topics
['development Application' 'heritage Conservation' 'floor Space Ratio' 'design Quality' 'amenity Impacts']
['planning and Environmental Law'] ['development Application' 'heritage Conservation' 'floor Space Ratio' 'design Quality' 'amenity Impacts']

Case Brief

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Procedural Posture

Appeal Against Deemed Refusal of Development Application / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application complies with relevant planning controls' 'Whether sufficient justification exists for exceeding maximum floor space ratio under WLEP' 'Whether the proposed works have acceptable heritage, amenity, parking, and streetscape impacts']

Ratio Decidendi

The appeal is upheld and development application approved, as amended plans address all relevant planning controls, Council contentions, and objector concerns, including heritage, amenity, and parking issues, and variation to floor space ratio standard is justified under cl 4.6 WLEP.

Court Disposition

Appeal upheld. Development application approved subject to conditions.

Orders

  • ["Leave granted to rely on amended plans as in Condition 1 Annexure 'A'." "Applicant to pay respondent's costs thrown away as a result of amending the application." "Applicant's cl 4.6 WLEP request to exceed maximum FSR upheld." 'Appeal in respect of 246-248 Campbell Parade, Bondi Beach is upheld.' "Development...