Event and Time
Event Description
A Class 1 appeal was brought before the Land and Environment Court of New South Wales concerning Development Application No DA/2023/0135. This application proposed the demolition of an existing dwelling, subdivision of the land into two lots, and construction of two semi-detached 2-storey dwellings at 40 Collins Street, Annandale, NSW. The Inner West Council had deemed the application refused, prompting the appeal on the basis of a claimed contravention of local planning regulations.
Application and Claims
- Applicant: Mr. Talal Ghattas representing Cadia1 Pty Ltd.
- Claims: The applicant sought consent for:
- Demolition of the existing dwelling. - Subdivision of land into two lots (each 306.5m²). - Construction of two semi-detached dwellings.
- Legal Basis for Appeal: The appeal was based on s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) after a deemed refusal by the local council.
Judicial Decisions
- The appeal was upheld with several key orders:
1. Leave was granted to rely on the amended Development Application. 2. The clause 4.6 written request seeking contravention consent was upheld. 3. The applicant was ordered to pay Council's costs of $3,500. 4. Development consent was granted subject to specified conditions. 5. The Court noted the in-principle agreement between parties reached before the conciliation conference.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- The proposal complies with the R1 zoning objectives and subdivision standards. - Site coverage and landscaped area exceed development controls, minimizing impacts on local amenity. - The exceedance of Floor Space Ratio (FSR) was justified under clause 4.6 due to public interest and environmental planning grounds.