Construction Development Management Services Pty Ltd v City of Sydney [2023] NSWLEC 1620

Construction Development Management Services Pty Ltd v City of Sydney [2023] NSWLEC 1620

The appeal was upheld because, although 70% of apartments did not receive the sunlight specified in ADG design criterion 4A-1, the design criteria were not mandatory development standards and the development optimised sunlight to habitable rooms, primary windows and private open space on a constrained CBD site through dual aspect, shallow and multi-level apartment layouts and generous glazing. The ground floor frontage, viewed with the Kent Street frontage and corner treatment, provided sufficient transparency, surveillance and public domain interface despite level differences on Erskine Street. The Court was satisfied that adequate regard had been given to SEPP 65 and ADG objectives,...

Jurisdiction
Australia
Judgment Date
19 October 2023
Procedural Posture
Class 1 Development Appeal / Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 From an Undetermined Development Application; Amended Development Application Before the Court
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['apartment Design Guide Solar Access' 'design Excellence' 'active Street Frontages and Public Domain Interface' 'residential Flat Building in SP5 Metropolitan Centre Zone' 'state Environmental Planning Policy No. 65' 'sydney Local Environmental Plan 2012' 'sydney Development Control Plan 2012']
['planning and Environment Law' 'development Consent' 'residential Apartment Development' 'heritage and Urban Design'] ['apartment Design Guide Solar Access' 'design Excellence' 'active Street Frontages and Public Domain Interface' 'residential Flat Building in SP5 Metropolitan Centre Zone' 'state Environmental Planning Policy No. 65' 'sydney Local Environmental Plan 2012' 'sydney Development Control Plan 2012']

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Procedural Posture

Class 1 Development Appeal / Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 From an Undetermined Development Application; Amended Development Application Before the Court

Legal Issues

  1. 1 ['Whether the proposed apartments receive adequate sunlight having regard to Objective 4A-1 of the Apartment Design Guide and the design quality principles.' 'Whether the ground floor frontage and public domain interface adequately activate Erskine Street and Kent Street.' 'Whether the proposed development exhibits design excellence under cl 6.21C of the Sydney Local Environmental Plan 2012.' 'Whether the site is suitable for the proposed residential apartment development and consent should be granted subject to conditions.']

Ratio Decidendi

The appeal was upheld because, although 70% of apartments did not receive the sunlight specified in ADG design criterion 4A-1, the design criteria were not mandatory development standards and the development optimised sunlight to habitable rooms, primary windows and private open space on a constrained CBD site through dual aspect, shallow and multi-level apartment layouts and generous glazing. The ground floor frontage, viewed with the Kent Street frontage and corner treatment, provided sufficient transparency, surveillance and public domain interface despite level differences on Erskine Street. The Court was satisfied that adequate regard had been given to SEPP 65 and ADG objectives,...

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application D/2022/643 for the demolition of all existing site structures and the construction of a residential apartment building with basement levels, including basement parking, a ground floor common room and residential apartments on Lot 1...