TR Investment (2021) Pty Ltd v Inner West Council [2022] NSWLEC 1234

TR Investment (2021) Pty Ltd v Inner West Council [2022] NSWLEC 1234

The consent authority, having considered the agreed amendments, supporting expert reports, jurisdictional prerequisites, and properly addressed objections and planning controls, and the breach of the height standard being justified under cl 4.6, grants the development application in accordance with the parties' agreement and subject to specified conditions and payment of costs.

Parties
Applicant: TR Investment (2021) Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
04 May 2022
Procedural Posture
Class 1 Development Appeal / Decision Following Conciliation Conference and Final Submissions
Outcome
Appeal upheld, development consent granted subject to conditions, cl 4.6 request to vary height standard upheld, costs ordered against applicant
Legal Topics
Development Application, Height of Buildings, Development Standards, Affordable Rental Housing, Local Environmental Plan, Public Interest, Objections and Consent Conditions
Planning Law Environmental Law Development Application Height of Buildings Development Standards Affordable Rental Housing Local Environmental Plan Public Interest +1 more

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Parties

TR Investment (2021) Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Development Appeal / Decision Following Conciliation Conference and Final Submissions

Legal Issues

  1. 1 Whether development consent should be granted for a mixed-use development including boarding house and retail uses
  2. 2 Whether breach of Ashfield Local Environmental Plan 2013 height standard should be permitted under cl 4.6
  3. 3 Whether all relevant environmental planning instruments and jurisdictional requirements have been satisfied

Ratio Decidendi

The consent authority, having considered the agreed amendments, supporting expert reports, jurisdictional prerequisites, and properly addressed objections and planning controls, and the breach of the height standard being justified under cl 4.6, grants the development application in accordance with the parties' agreement and subject to specified conditions and payment of costs.

Court Disposition

Appeal upheld, development consent granted subject to conditions, cl 4.6 request to vary height standard upheld, costs ordered against applicant

Orders

  • Request under cl 4.6 of ALEP 2013 to vary height of buildings in cl 4.3(2A) is upheld.
  • Appeal is upheld.