Capital Developments Pty Ltd v Auburn City Council [2013] NSWLEC 1040
The design of the proposed development is not compatible with the character of the local area or its likely future character, and the design quality principles under SEPP65 have not been adequately addressed, particularly regarding solar access, side setbacks, and visual and acoustic privacy. Accordingly, development consent is refused.
- Parties
- Applicant: Capital Developments Pty Ltd; Respondent: Auburn City Council
- Jurisdiction
- Australia
- Judgment Date
- 08 March 2013
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Development Application, Affordable Housing, Design Compatibility, SEPP65, Solar Access, Setbacks, Streetscape
Case Brief
Summary, issues, holding and outcome
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Parties
Capital Developments Pty Ltd
Applicant
Auburn City Council
Respondent
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether the design of the development is compatible with the character of the local area
- 2 Whether the streetscape is appropriate
- 3 Whether the design principles of SEPP65 are met
Ratio Decidendi
The design of the proposed development is not compatible with the character of the local area or its likely future character, and the design quality principles under SEPP65 have not been adequately addressed, particularly regarding solar access, side setbacks, and visual and acoustic privacy. Accordingly, development consent is refused.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
- Development Application DA-29/2012 for alterations and additions to the mixed-use building at 22 Northumberland Road, Auburn is refused consent.
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