Boyce v Inner West Council

Boyce, a property owner, appealed against a decision of the Inner West Council, which had refused a development application for the construction of an additional storey to an approved six storey boarding house. The application was refused on the basis that it would breach the 14 metre height limit set out in the Local Environment Plan. The Supreme Court was required to determine whether the refusal was lawful. The key issue was whether the additional storey would breach the 14 metre height limit and whether there were any circumstances in which the Council could have approved the application despite the breach. The Court found that the additional storey would indeed breach the height limit and that the Council had correctly exercised its discretion in refusing the application. The Court held that there were no exceptional circumstances that would warrant an approval of the development application. The Court further held that the Council had not acted unreasonably or irrationally in refusing the application and that the appeal should be dismissed. The Court ordered that the appeal be dismissed, that the development application be refused, and that the exhibits be returned with the exception of Exhibits A and B.