CMT Architects P/L v Sutherland Shire Council [2014] NSWLEC 1160

CMT Architects P/L v Sutherland Shire Council [2014] NSWLEC 1160

The Court upheld the appeal by consent because the amended proposal, although exceeding the maximum height and minimum landscaped area development standards, was supported by a well-founded SEPP 1 objection, was consistent with the relevant zone and development standard objectives, and adequately addressed impacts on views, privacy, overshadowing, visual intrusion and landscaping so that it was lawful and appropriate to grant consent subject to conditions.

Jurisdiction
Australia
Judgment Date
14 August 2014
Procedural Posture
Class 1 Development Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 / Application for Final Orders by Consent Approving Development Application No. 13/0846
Outcome
Appeal upheld by consent; Development Application No. 13/0846 approved subject to conditions; SEPP 1 written objections upheld; no order as to costs.
Legal Topics
['development Application' 'consent Orders' 'resident Objectors' 'view Impacts' 'variation to Maximum Height Development Standard' 'variation to Minimum Landscaped Area Development Standard' 'state Environmental Planning Policy No. 1 Development Standards']
['environmental Planning and Assessment' 'land and Environment'] ['development Application' 'consent Orders' 'resident Objectors' 'view Impacts' 'variation to Maximum Height Development Standard' 'variation to Minimum Landscaped Area Development Standard' 'state Environmental Planning Policy No. 1 Development Standards']

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Procedural Posture

Class 1 Development Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 / Application for Final Orders by Consent Approving Development Application No. 13/0846

Legal Issues

  1. 1 ["Whether it was lawful and appropriate to grant consent orders approving Development Application No. 13/0846 having regard to the whole of the circumstances, including proposed conditions and resident objectors' concerns." 'Whether the written objections under State Environmental Planning Policy No. 1 - Development Standards to compliance with the maximum height and minimum landscaped area development standards should be upheld.' 'Whether the amended proposal was consistent with the objectives of the 2 - Environmental Housing (Scenic Quality) zone and the relevant development standards in the Sutherland Shire Local Environmental Plan 2006 despite numerical non-compliance.']

Ratio Decidendi

The Court upheld the appeal by consent because the amended proposal, although exceeding the maximum height and minimum landscaped area development standards, was supported by a well-founded SEPP 1 objection, was consistent with the relevant zone and development standard objectives, and adequately addressed impacts on views, privacy, overshadowing, visual intrusion and landscaping so that it was lawful and appropriate to grant consent subject to conditions.

Court Disposition

Appeal upheld by consent; Development Application No. 13/0846 approved subject to conditions; SEPP 1 written objections upheld; no order as to costs.

Orders

  • ['By consent, the appeal is upheld.' "Development Application No. 13/0846 for the demolition of an existing dwelling and the erection of a new dwelling and swimming pool at Lot 24, DP 539621, 185 Woolooware Road, Burraneer is approved, subject to the conditions of consent in Annexure 'A'." 'Pursuant to cl 7 of State...