› does the mandatory height control override in cl 29(2)(a) of State Environment Planning Policy (Affordable Rental Housing) 2009 apply to the proposed development
› override applies
› consent mandated
Development Application
› in the alternative, does the discretionary height control override in cl 29(4)(4) of State Environment Planning Policy (Affordable Rental Housing) 2009 apply to the proposed development
› if so, does the proposed development warrant consent on a merit assessment basis
› consent warranted
Development Application
› in the further alternative, does the mandatory height control override in cl 4.3A(2)(a) of Ashfield Local Environment Plan 2013 apply to the proposed development
› override applies
› consent mandated
Development Application
› in the final alternative, does the mandatory height control override in cl 4.3A(2)(b) of Ashfield Local Environment Plan 2013 apply to the proposed development
› override applies
› consent mandated
Case Details
Citation[2017] NSWLEC 13
CourtNSWLEC
JurisdictionNew South Wales
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