All in Project Management Pty Ltd v Waverley Council [2019] NSWLEC 1374

All in Project Management Pty Ltd v Waverley Council [2019] NSWLEC 1374

Although the cl 4.6 requests for height and FSR were accepted and the rooftop terrace was found acceptable on its merits subject to conditions, the proposed car stackers and additional parking created unacceptable pedestrian safety, vehicle manoeuvring, visual amenity and residential amenity impacts. The swept path evidence showed insufficient room for vehicles to access some stacker spaces without using land at 14 Military Road outside the right of carriageway or undertaking impractical turning manoeuvres, and the proposed safety measures depended on works for which adjoining owner consent was not available or were otherwise inadequate. The additional parking and stackers demonstrated...

Jurisdiction
Australia
Judgment Date
13 August 2019
Procedural Posture
Class 1 Development Appeal Against Deemed Refusal of Development Application No Da428/2018 / Principal Judgment After Hearing
Outcome
Appeal dismissed; development consent refused.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'rooftop Terrace' 'car Stackers' 'vehicle Manoeuvrability' 'pedestrian Safety' 'site Suitability' 'clause 4.6 Variation' 'partial Consent']
['planning and Environment' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'rooftop Terrace' 'car Stackers' 'vehicle Manoeuvrability' 'pedestrian Safety' 'site Suitability' 'clause 4.6 Variation' 'partial Consent']

Case Brief

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Procedural Posture

Class 1 Development Appeal Against Deemed Refusal of Development Application No Da428/2018 / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the applicant's cl 4.6 requests justified contraventions of the Waverley Local Environmental Plan 2012 height of buildings and floor space ratio development standards." 'Whether the proposed rooftop communal terrace would cause unacceptable visual or acoustic privacy and amenity impacts and whether it was acceptable under the Waverley Development Control Plan 2012.' 'Whether the proposed car stackers and additional parking spaces would provide safe and workable vehicular access and pedestrian circulation within the site and shared driveway.' 'Whether the site was suitable for the development having regard to the likely impacts, pedestrian safety, visual impacts and residential amenity.' 'Whether the Court should grant partial consent for acceptable aspects of the development under s 4.16(4)(c) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Although the cl 4.6 requests for height and FSR were accepted and the rooftop terrace was found acceptable on its merits subject to conditions, the proposed car stackers and additional parking created unacceptable pedestrian safety, vehicle manoeuvring, visual amenity and residential amenity impacts. The swept path evidence showed insufficient room for vehicles to access some stacker spaces without using land at 14 Military Road outside the right of carriageway or undertaking impractical turning manoeuvres, and the proposed safety measures depended on works for which adjoining owner consent was not available or were otherwise inadequate. The additional parking and stackers demonstrated...

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • ['The appeal is dismissed.' 'The exhibits are returned except for Exhibits 1 and A.']