The Commissioner disposed of the appeal by consent under s 34 of the LEC Act, granting development consent for co-living housing on a heritage-listed site after being satisfied the agreed decision was one the Court could properly make. Three cl 4.6 variation requests were upheld: a 50% reduction in parking spaces (from 4 to 2) justified by proximity to Kogarah Railway Station and alternative transport provisions; a lot size variation (686m² against the 800m² minimum) justified by compliance with FSR and amenity standards despite the shortfall; and setback/building separation variations of up to 50% justified by the minor extent of non-compliance and heritage conservation considerations. The case confirms that co-living housing developments under SEPP Housing may obtain multiple concurrent cl 4.6 variations where site-specific circumstances support each departure.
The full text is available to signed-in members.