Avalon DA Pty Ltd v Pittwater C [2006] NSWLEC 125

Procedural Posture

Class 1 Appeal Concerning Refusal of a Development Application / Judgment After Hearing

Legal Issues

1. 1 ['Whether the proposal was consistent with the existing and likely character of the Avalon Parade area.' 'Whether cumulative impacts of seniors living and medium density developments made the proposal unacceptable in the locality.' 'Whether the proposal provided adequate solar access and internal amenity, particularly for Units 2 and 3.' 'Whether the rear setback and deep soil landscaping were adequate having regard to the adjoining Ruskin Rowe Heritage Conservation Area and wildlife corridor.' 'Whether the proposal adversely affected endangered species habitat so as to require a species impact statement.' 'Whether car parking provision complied with State Environmental Planning Policy Seniors Living 2004.' 'Whether overlooking from the proposed dwellings would adversely affect neighbouring privacy.']

Ratio Decidendi

The appeal was dismissed because, although seniors living development was permissible and car parking and endangered species issues did not justify refusal, the particular design failed to achieve the good design and character requirements of State Environmental Planning Policy Seniors Living 2004. Its front setback, structures within the front setback, unit-style identity, inadequate response to existing streetscape character, internal amenity shortcomings, privacy issue from the Unit 2 library, and insufficient rear deep soil setback response to the adjoining conservation area required a redesign beyond conditions.

Court Disposition

Appeal dismissed.

Orders

• ['The appeal is dismissed.' 'The exhibits are returned to the parties except Exhibits A, C, 3, 5, 6, 7, 8, 9 and 10.']