Smith v Waverley Council [2023] NSWLEC 1341

Smith v Waverley Council [2023] NSWLEC 1341

The appeal is upheld and development consent is granted, as parties agree and jurisdictional prerequisites are satisfied, including the justification for varying the floor space ratio development standard. Compliance with the standard was found unreasonable or unnecessary and sufficient environmental planning grounds exist for approval.

Jurisdiction
Australia
Judgment Date
04 July 2023
Procedural Posture
Class 1 Development Appeal / Conciliation Conference and Orders
Outcome
Appeal upheld and development consent granted
Legal Topics
['development Appeal' 'conciliation Conference' 'floor Space Ratio' 'consent Authority' 'variation to Development Standard']
['planning and Environment'] ['development Appeal' 'conciliation Conference' 'floor Space Ratio' 'consent Authority' 'variation to Development Standard']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Conciliation Conference and Orders

Legal Issues

  1. 1 ['Whether the development application for demolition and construction of dual occupancy should be approved' 'Whether variation to floor space ratio development standard under cl 4.6 of Waverley Local Environmental Plan 2012 is justified']

Ratio Decidendi

The appeal is upheld and development consent is granted, as parties agree and jurisdictional prerequisites are satisfied, including the justification for varying the floor space ratio development standard. Compliance with the standard was found unreasonable or unnecessary and sufficient environmental planning grounds exist for approval.

Court Disposition

Appeal upheld and development consent granted

Orders

  • ['The applicants’ written request to vary the floor space ratio development standard is upheld' 'The appeal is upheld' "Development consent is granted to DA-490/2022 for demolition and construction of two-storey, side-by-side attached dual occupancy above lower ground parking, subject to conditions in Annexure 'A'"]