Sukkar v Inner West Council [2021] NSWLEC 1541

Sukkar v Inner West Council [2021] NSWLEC 1541

The appeal is upheld and consent granted as the amended proposal satisfactorily addresses all relevant planning controls, the requested variation to the height standard is justified by environmental planning grounds and does not result in adverse impacts, and the statutory preconditions for consent and variation are met.

Parties
Applicant: Tony Sukkar; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
17 September 2021
Procedural Posture
Class 1 Appeal / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted.
Legal Topics
Development Application, Height Variation, Heritage Impact, Flood Management, Compliance With Planning Instruments
Planning and Environment Law Development Application Height Variation Heritage Impact Flood Management Compliance With Planning Instruments

Case Brief

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Parties

Tony Sukkar

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether consent should be granted to DA/2021/0583 for demolition and construction of residential flat buildings despite non-compliance with height standard
  2. 2 Whether cl 4.6 written request for variation of height standard under Ashfield Local Environmental Plan 2013 is adequately justified
  3. 3 Whether environmental, amenity, heritage, and flood issues are satisfactorily addressed

Ratio Decidendi

The appeal is upheld and consent granted as the amended proposal satisfactorily addresses all relevant planning controls, the requested variation to the height standard is justified by environmental planning grounds and does not result in adverse impacts, and the statutory preconditions for consent and variation are met.

Court Disposition

Appeal upheld; development consent granted.

Orders

  • The Applicant is to pay the Respondent costs thrown away in respect of the amended plans in the sum of $6,000 within 28 days of the date of this order.
  • Appeal upheld.