Event and Time
Event Description
The case revolves around a development application (DA/2022/613) appealing the deemed refusal from the City of Sydney Council for the stratum subdivision of Lot 11 in Deposited Plan 777449 into two lots at 1 Market Street, Sydney. The proposed development involved significant concerns regarding the impact on Floor Space Ratio (FSR) and the orderly development of the site.
Application and Claims
- Applicant's Claim: The Applicant sought consent to subdivide the site into two lots – Lot 110 (the Carpark and Podium) and Lot 111 (the Tower), asserting that the subdivision reflects the existing built form and does not change the land uses.
- Council's Contention: The Council contended that the proposed subdivision would exceed the permitted FSR, arguing there was insufficient justification for a Clause 4.6 variation and that the subdivision would not promote orderly development, given the potential future development implications.
Judicial Decisions
- The Court upheld the appeal against the Council's deemed refusal, granting development consent for the stratum subdivision. The Court found that the application met relevant statutory requirements and supported the population density and economic usage objectives of the Local Environmental Plan.
Dispute Points and Legal Basis
Dispute Points
- Claim of Excessive FSR:
- Council argued that the subdivision would result in Lot 111 having an FSR of 17.93:1, exceeding the base of 8:1, with no substantive rationale to vary this standard. - The Applicant countered that they would accept a restrictive covenant on Lot 110 to prevent additional FSR, hence not breaching the controls.
- Orderly Development:
- Council asserted that separating the lots would hinder the overall potential for site development and economic use. - The Applicant argued that the subdivision correctly reflects the existing structures and uses and does not create future limitations.