Di Zhou v Georges River Council [2022] NSWLEC 1167

Di Zhou v Georges River Council [2022] NSWLEC 1167

The Court should grant development consent and direct the issue of Building Information Certificates because the clause 4.6 variation requests justified an exceedance of the floor space ratio standard, the environmental planning grounds were sufficiently established, there were no jurisdictional impediments, and the development is consistent with relevant planning objectives and public interest.

Jurisdiction
Australia
Judgment Date
05 April 2022
Procedural Posture
Class 1 Appeal / Final Consent Judgment With Orders Following Conciliation Conference
Outcome
All four appeals were upheld by consent, with development consent granted for two development applications and the issue of Building Information Certificates directed subject to conditions.
Legal Topics
['development Application' 'building Information Certificate' 'exceedance of Development Standard' 'floor Space Ratio (fsr)' 'clause 4.6 Variation' 'conciliation Conference']
['planning and Environment Law'] ['development Application' 'building Information Certificate' 'exceedance of Development Standard' 'floor Space Ratio (fsr)' 'clause 4.6 Variation' 'conciliation Conference']

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Procedural Posture

Class 1 Appeal / Final Consent Judgment With Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for the use of previously non-habitable space as habitable space' 'Whether Building Information Certificates should be issued regarding unauthorised works' 'Whether objections under cl 4.6 to exceedance of floor space ratio standard should be upheld']

Ratio Decidendi

The Court should grant development consent and direct the issue of Building Information Certificates because the clause 4.6 variation requests justified an exceedance of the floor space ratio standard, the environmental planning grounds were sufficiently established, there were no jurisdictional impediments, and the development is consistent with relevant planning objectives and public interest.

Court Disposition

All four appeals were upheld by consent, with development consent granted for two development applications and the issue of Building Information Certificates directed subject to conditions.

Orders

  • ['Appeal 2021/306327 upheld; development consent granted for DA 2021/0339 at 25 William Road, Riverwood subject to conditions in Annexure A.' 'Appeal 2021/306358 upheld; respondent directed to issue Building Information Certificate for 25 William Road, Riverwood subject to conditions in Annexure B.' 'Appeal...