Thiessen Architects Pty Ltd v Sydney City Council [2004] NSWLEC 693

Thiessen Architects Pty Ltd v Sydney City Council [2004] NSWLEC 693

The application for modification should be granted as the adverse impacts that led to earlier refusal have been ameliorated and the council does not object to the increase in floor space ratio. Certainty and information regarding floor space ratio should be incorporated as a condition of consent.

Jurisdiction
Australia
Judgment Date
22 November 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld, subject to revised conditions
Legal Topics
['modification of Development Consent' 'floor Space Ratio' 'solar Access']
['planning Law'] ['modification of Development Consent' 'floor Space Ratio' 'solar Access']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether modification to upper level floors and plant room should be approved' 'Whether objection by Regency Hyde Park Owners Corporation is founded' 'Whether condition relating to floor space ratio should be imposed']

Ratio Decidendi

The application for modification should be granted as the adverse impacts that led to earlier refusal have been ameliorated and the council does not object to the increase in floor space ratio. Certainty and information regarding floor space ratio should be incorporated as a condition of consent.

Court Disposition

appeal upheld, subject to revised conditions

Orders

  • ['Conditions of consent to be revised to include a notation of present floor space ratio and its calculation method in condition 8.' 'Condition 2(a) to be deleted and remaining elements renumbered.' 'Council to lodge a revised set of conditions for approval.']