Bureau SRH Pty Ltd v Waverley Council [2017] NSWLEC 1305

Bureau SRH Pty Ltd v Waverley Council [2017] NSWLEC 1305

The applicant's cl 4.6 request did not justify the height contravention because the proposal was not consistent with the desired four-storey future urban form of Bronte Road, did not appropriately respond to the site topography, and did not achieve the relevant height objective; therefore there was no power to grant consent to proposed units 21 and 22 on the fourth floor. The FSR contravention was acceptable once units 21 and 22 were deleted because the remaining proposal was contained within the approved building envelope, was compatible with the locality and zone and FSR objectives, preserved amenity, and was consistent with the desired future urban form.

Jurisdiction
Australia
Judgment Date
16 June 2017
Procedural Posture
Class 1 Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. 512/2016 / Principal Judgment; Directions
Outcome
Directions made; proposed fourth floor units 21 and 22 to be deleted, height variation not accepted, FSR variation accepted for the amended proposal.
Legal Topics
['development Application Appeal' 'alterations and Additions to Approved Mixed Use Development' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'floor Space Ratio Development Standard' 'desired Future Character and Urban Form']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'alterations and Additions to Approved Mixed Use Development' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'floor Space Ratio Development Standard' 'desired Future Character and Urban Form']

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Procedural Posture

Class 1 Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. 512/2016 / Principal Judgment; Directions

Legal Issues

  1. 1 ['Whether the proposed contravention of the height of buildings development standard in Waverley Local Environment Plan 2012 was justified under cl 4.6.' 'Whether the proposed contravention of the floor space ratio development standard in Waverley Local Environment Plan 2012 was justified under cl 4.6.' 'Whether the proposal was consistent with the desired future character and urban form of Bronte Road and compatible with height, bulk, scale, streetscape and amenity objectives.']

Ratio Decidendi

The applicant's cl 4.6 request did not justify the height contravention because the proposal was not consistent with the desired four-storey future urban form of Bronte Road, did not appropriately respond to the site topography, and did not achieve the relevant height objective; therefore there was no power to grant consent to proposed units 21 and 22 on the fourth floor. The FSR contravention was acceptable once units 21 and 22 were deleted because the remaining proposal was contained within the approved building envelope, was compatible with the locality and zone and FSR objectives, preserved amenity, and was consistent with the desired future urban form.

Court Disposition

Directions made; proposed fourth floor units 21 and 22 to be deleted, height variation not accepted, FSR variation accepted for the amended proposal.

Orders

  • ["The applicant is to amend the architectural drawings so that units 21 and 22 are deleted and the roof area is shown as non-trafficable, an awning consistent with the experts' agreement is shown, and updated revision letters are included." 'The parties are to agree on the number of car stackers, if any, required in...