Beraldo Design Pty Ltd v Waverley Council [2007] NSWLEC 449

Beraldo Design Pty Ltd v Waverley Council [2007] NSWLEC 449

The proposal, as amended, complies with critical planning controls (height, wall height), and its exceedance of FSR does not unreasonably increase bulk or scale due to site characteristics; the design respects streetscape and character and minimises view loss within the intent of planning controls. Subject to conditions, approval is appropriate.

Parties
Applicant: Beraldo Design Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
17 July 2007
Procedural Posture
Development Application Appeal / Judgment After S34 Conference With Amended Plans
Outcome
appeal upheld, development application approved with conditions
Legal Topics
Development Application, Bulk and Scale, Streetscape Character, View Loss, Floor Space Ratio
Planning Law Environmental Law Development Application Bulk and Scale Streetscape Character View Loss Floor Space Ratio

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Parties

Beraldo Design Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Development Application Appeal / Judgment After S34 Conference With Amended Plans

Legal Issues

  1. 1 Whether the proposal reinforces the typical bulk and scale of buildings representing established street character
  2. 2 Whether the size and bulk of the proposal is excessive given the non-compliance with the FSR control
  3. 3 Whether the impact on views of adjoining neighbours in Collingwood Street is excessive

Ratio Decidendi

The proposal, as amended, complies with critical planning controls (height, wall height), and its exceedance of FSR does not unreasonably increase bulk or scale due to site characteristics; the design respects streetscape and character and minimises view loss within the intent of planning controls. Subject to conditions, approval is appropriate.

Court Disposition

appeal upheld, development application approved with conditions

Orders

  • The appeal is upheld.
  • Development application (507/2006) to demolish an existing house and construct a new three-storey house at 155 MacPherson Street, Bronte is approved subject to the conditions in Annexure A.