Aplus Architecture Pty Ltd v Georges River Council [2021] NSWLEC 1267

Aplus Architecture Pty Ltd v Georges River Council [2021] NSWLEC 1267

Given the planning controls for the site enable increased building height and floor space ratio for the express purpose of increasing housing supply and affordability, and the proposal complies with those controls, significant weight is given to future character as envisaged by current planning arrangements. The design's visual incompatibility with existing streetscape does not preclude approval, as the strategic intentions behind the controls, and the proposal’s sound design and appropriate responses to specific impacts, mean the development is compatible with the character of the local area for purposes of cl 30A of SEPP ARH. Thus, consent is granted subject to conditions.

Parties
Applicant: Aplus Architecture Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
21 May 2021
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Boarding House, Character of Local Area, Affordable Housing, Floor Space Ratio, Building Height, Compatibility Test
Planning Law Environmental Law Development Application Boarding House Character of Local Area Affordable Housing Floor Space Ratio Building Height +1 more

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Parties

Aplus Architecture Pty Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the design of the development is compatible with the character of the local area under cl 30A of SEPP ARH
  2. 2 Scope and limits of the compatibility test with local area character
  3. 3 Significance of Council's strategic planning and controls in assessing character and compatibility

Ratio Decidendi

Given the planning controls for the site enable increased building height and floor space ratio for the express purpose of increasing housing supply and affordability, and the proposal complies with those controls, significant weight is given to future character as envisaged by current planning arrangements. The design's visual incompatibility with existing streetscape does not preclude approval, as the strategic intentions behind the controls, and the proposal’s sound design and appropriate responses to specific impacts, mean the development is compatible with the character of the local area for purposes of cl 30A of SEPP ARH. Thus, consent is granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted

Orders

  • Leave is granted to amend the application to accord with the plans referenced at Condition 1 of Annexure A.
  • The appeal is upheld.