Bluebank Properties v Willoughby City Council [2008] NSWLEC 1417

Bluebank Properties v Willoughby City Council [2008] NSWLEC 1417

The SEPP 1 objection was not well founded because the proposed exceedences of the two storey height development standard were excessive and conflicted with the underlying objective of maintaining the built form contemplated by the planning controls while minimising amenity impacts. The proposal's bulk, scale and form were inconsistent with the Residential 2(a2) zone objectives and the building height plane controls, creating unacceptable visual impact and overbearing appearance. The appeal was therefore dismissed and the development application refused.

Jurisdiction
Australia
Judgment Date
02 October 2008
Procedural Posture
Appeal Against Refusal of Development Application / Ex Tempore Judgment After Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'sepp 1 Objection' 'building Height Development Standard' 'building Height Plane' 'bulk, Scale and Character' 'residential Amenity' 'tree Loss' 'bushfire Protection' 'stormwater Disposal']
['planning and Environment Law'] ['development Application' 'sepp 1 Objection' 'building Height Development Standard' 'building Height Plane' 'bulk, Scale and Character' 'residential Amenity' 'tree Loss' 'bushfire Protection' 'stormwater Disposal']

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Procedural Posture

Appeal Against Refusal of Development Application / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the SEPP 1 objection to the two storey height development standard was well founded.' "Whether the proposed development's height, bulk, scale and character were acceptable under the applicable planning controls." 'Whether non-compliance with the building height plane could be supported.' 'Whether the proposal would have unacceptable amenity impacts on adjoining properties, including privacy, views and solar access.' 'Whether the proposed development adequately addressed tree retention, bushfire impacts on foreshore vegetation and stormwater disposal.']

Ratio Decidendi

The SEPP 1 objection was not well founded because the proposed exceedences of the two storey height development standard were excessive and conflicted with the underlying objective of maintaining the built form contemplated by the planning controls while minimising amenity impacts. The proposal's bulk, scale and form were inconsistent with the Residential 2(a2) zone objectives and the building height plane controls, creating unacceptable visual impact and overbearing appearance. The appeal was therefore dismissed and the development application refused.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'DA No 19/2008 for the demolition of an existing dwelling and other improvements and the construction of two new dwellings at 70 Sugarloaf Crescent Castlecrag is refused.' 'The exhibits are returned.']