Event and Time
Event Description
- Development Application No. DA2021/0967 was filed to seek consent for substantial demolition of an existing building and the construction of a three-storey mixed-use development at 308 Darling Street, Balmain NSW.
- A conciliation conference under the Land and Environment Court Act took place on 27 October 2022, resulting in an agreement between the parties regarding the development.
Application and Claims
- The application involved a request to vary the floor space ratio (FSR) under clause 4.6 of the Leichhardt Local Environmental Plan 2013 (LLEP).
- The original FSR standard was 1:1; however, the proposed FSR was 1.65:1, motivating the applicant to seek approval despite the contravention.
Judicial Decisions
- The Court upheld the Applicant's written request to vary the FSR.
- The appeal was upheld, granting development consent for the proposed mixed-use development, subject to conditions laid out in Annexure A.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Justification for the increase in floor space ratio was based on it being necessary to meet the desired future character of the area. - Presented evidence of previous commercial use and minimal environmental contamination affecting suitability for proposed development.
- Council's Initial Position:
- Dismissed the application leading to the appeal, focusing on the strict application of the FSR development standard without considering contextual merits.
- Points of Agreement:
- Both parties reached an agreement on the outcome during the conciliation conference, affirming that the proposed development met necessary standards with appropriate design outcomes.