Virtue Property Developments Pty Ltd ATF The Virtue Property Trust v Cumberland Council [2020] NSWLEC 1062

Virtue Property Developments Pty Ltd ATF The Virtue Property Trust v Cumberland Council [2020] NSWLEC 1062

The appeal is upheld and conditional development consent is granted as the variation of building height is justified, the objectives of the planning instruments are achieved, and statutory prerequisites for consent are satisfied.

Jurisdiction
Australia
Judgment Date
13 February 2020
Procedural Posture
Class 1 Development Appeal / Post Conciliation Conference, Final Orders Granted
Outcome
Appeal upheld; development application conditionally approved
Legal Topics
['development Appeals' 'exceptions to Development Standards' 'residential Flat Building' 'development Consent']
['planning and Environment Law'] ['development Appeals' 'exceptions to Development Standards' 'residential Flat Building' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Post Conciliation Conference, Final Orders Granted

Legal Issues

  1. 1 ['Whether the development application for demolition, site remediation, and construction of a four storey shop top housing development should be approved' 'Whether consent should be granted notwithstanding non-compliance with height of buildings standard (clause 4.6 of PLEP)' 'Whether the site is contaminated and can be remediated as per regulatory requirements' 'Whether adequate parking, stormwater, and traffic arrangements have been made']

Ratio Decidendi

The appeal is upheld and conditional development consent is granted as the variation of building height is justified, the objectives of the planning instruments are achieved, and statutory prerequisites for consent are satisfied.

Court Disposition

Appeal upheld; development application conditionally approved

Orders

  • ['Applicant granted leave to rely on amended architectural plan DA105, Lower Ground floor plan, dated 17 January 2020 prepared by Fuse Architecture.' "Applicant to pay Respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed."...