JUDICIAL REVIEW ‑ Ground 3 ‑ ground proposes shop top housing must be directly vertically above ground floor commercial premises ‑ all dwellings above ground floor commercial premises ‑ proposed dwellings not all directly vertically above ground floor commercial premises ‑ definition of shop top housing does not require vertical alignment above ground floor commercial premises ‑ Ground 3 fails
JUDICIAL REVIEW ‑ Ground 4 ‑ ground alleges breach of floor space ratio (FSR) permitted by development standard in the LEP ‑ calculation of FSR by application of gross floor area (GFA) to area of the site ‑ dispute as to areas to be included in GFA for FSR calculation ‑ consideration of the definition of basement in the LEP ‑ correct calculation of the FSR discloses no breach of development standard
› Ground 4 fails
Case Details
Citation[2023] NSWLEC 117
CourtNSWLEC
JurisdictionNew South Wales
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