Connolly v Waverley Council [2024] NSWLEC 1580

Connolly v Waverley Council [2024] NSWLEC 1580

The proposed development application for Torrens title and strata subdivision does not inherently involve a change of use; does not breach the floor space ratio development standard, as no additional floor area is proposed; and is not an inappropriate or disorderly form of subdivision in the unique circumstances, as the arrangements for shared services, easements, car parking and storage—while complex—are workable and do not generate adverse impacts to the public interest, site suitability, or heritage significance. Accordingly, development consent should be granted, with conditions.

Parties
First Applicant: Aidan Connolly; Second Applicant: Emma Lamb; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Class 1 Appeal / Final Judgment
Outcome
Appeal upheld; development application granted with conditions.
Legal Topics
Development Application, Subdivision, Strata Scheme, Heritage Conservation, Orderly and Economic Development
Planning Law Environmental Law Development Application Subdivision Strata Scheme Heritage Conservation Orderly and Economic Development

Case Brief

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Parties

Aidan Connolly

First Applicant

Emma Lamb

Second Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment

Legal Issues

  1. 1 Whether proposed subdivision involves a change of use
  2. 2 Whether the subdivision breaches the Floor Space Ratio (FSR) development standard
  3. 3 Whether the proposal constitutes an inappropriate and disorderly form of subdivision

Ratio Decidendi

The proposed development application for Torrens title and strata subdivision does not inherently involve a change of use; does not breach the floor space ratio development standard, as no additional floor area is proposed; and is not an inappropriate or disorderly form of subdivision in the unique circumstances, as the arrangements for shared services, easements, car parking and storage—while complex—are workable and do not generate adverse impacts to the public interest, site suitability, or heritage significance. Accordingly, development consent should be granted, with conditions.

Court Disposition

Appeal upheld; development application granted with conditions.

Orders

  • The appeal is upheld.
  • Development application No. DA-297/2022 for strata subdivision and Torrens title subdivision into two lots at 24-26 Imperial Avenue Bondi is determined by the grant of consent subject to the conditions of consent in Annexure A.