Wiser Capital Pty Ltd v The Hills Shire Council [2019] NSWLEC 1085

Wiser Capital Pty Ltd v The Hills Shire Council [2019] NSWLEC 1085

The consent authority may dispense with the development standard for building height where the written request justifies the variation and compliance is found to be unreasonable or unnecessary, and where the objectives of the standard and the zone are met. The Court was satisfied on these points and granted consent subject to conditions.

Jurisdiction
Australia
Judgment Date
27 February 2019
Procedural Posture
Development Application Appeal / Final Consent Orders After Conciliation Conference
Outcome
Appeal upheld and consent granted subject to conditions, by agreement between the parties after conciliation conference.
Legal Topics
['development Consent' 'residential Flat Buildings' 'variation of Development Standards' 'height of Buildings' 'conciliation Conference']
['environmental Planning and Development'] ['development Consent' 'residential Flat Buildings' 'variation of Development Standards' 'height of Buildings' 'conciliation Conference']

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Procedural Posture

Development Application Appeal / Final Consent Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether consent should be granted for the proposed development including variation to height standard' 'Whether the development meets requirements of relevant State Environmental Planning Policies']

Ratio Decidendi

The consent authority may dispense with the development standard for building height where the written request justifies the variation and compliance is found to be unreasonable or unnecessary, and where the objectives of the standard and the zone are met. The Court was satisfied on these points and granted consent subject to conditions.

Court Disposition

Appeal upheld and consent granted subject to conditions, by agreement between the parties after conciliation conference.

Orders

  • ['The applicant is granted leave to rely on the amended plans.' "The applicant's cl 4.6 written request to vary the building height standard is upheld." 'The appeal is upheld.' 'Development consent is granted to DA No. 1984/2017/JP for construction of 4x 8-storey residential flat buildings with 255 units, 2 levels...