Attard v Waverley Council [2023] NSWLEC 1610

Attard v Waverley Council [2023] NSWLEC 1610

The written request to vary the FSR is justified; strict compliance is both unreasonable and unnecessary, as the variation will not perceptibly impact amenity or streetscape. The amended application satisfies all jurisdictional requirements and relevant planning controls, warranting the grant of consent.

Parties
First Applicant: George Attard; Second Applicant: Liana Attard; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
17 October 2023
Procedural Posture
Appeal Against Refusal of Development Application (class 1) / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Floor Space Ratio, Variation of Development Standard, Conciliation, Consent Orders
Planning and Environment Development Application Floor Space Ratio Variation of Development Standard Conciliation Consent Orders

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Parties

George Attard

First Applicant

Liana Attard

Second Applicant

Waverley Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application (class 1) / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether the variation of the floor space ratio development standard under clause 4.6 of the Waverley Local Environmental Plan 2012 should be permitted
  2. 2 Whether consent should be granted for the demolition and construction of a dwelling, garage, swimming pool, and terrace

Ratio Decidendi

The written request to vary the FSR is justified; strict compliance is both unreasonable and unnecessary, as the variation will not perceptibly impact amenity or streetscape. The amended application satisfies all jurisdictional requirements and relevant planning controls, warranting the grant of consent.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The Applicant's written request to vary the floor space ratio development standard in clause 4.4 of the Waverley Local Environmental Plan 2012 is upheld.
  • The appeal is upheld.