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Land and Environment Court dismisses appeal relying on clause 4.6 variation

Tuesday, 24 November 2015 09:51

Pikes & Verekers Lawyers acted for the City of Canada Bay Council where it successfully resisted an appeal against the refusal of development consent for a subdivision and erection of new dwelling house.

The application relied on two clause 4.6 variations to development standards contained in the LEP, the minimum lot size and the floor space ratio control.

The Commissioner, applying the judgment of the Land and Environment Court in Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009, considered that the clause 4.6 variations were not well founded and dismissed the appeal.

Link to Judgment.