DA Number 7 Pty Ltd v Waverley Council [2020] NSWLEC 1039

DA Number 7 Pty Ltd v Waverley Council [2020] NSWLEC 1039

The applicant's written requests failed to justify the proposed contraventions of building height and floor space ratio standards under cl 4.6; the assessment focused too heavily on the existing non-compliant building rather than demonstrating how the proposal met objectives for new development in the absence of such comparison; substantial additional bulk, inadequate amenity preservation, and insufficient environmental planning grounds meant consent could not be granted.

Jurisdiction
Australia
Judgment Date
24 January 2020
Procedural Posture
Class 1 Appeal / Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'residential Flat Building' 'height' 'bulk' 'scale' 'views' 'floor Space Ratio' 'solar Access' 'amenity' 'setbacks' 'state Environmental Planning Policy No 65']
['planning and Environment'] ['development Application' 'residential Flat Building' 'height' 'bulk' 'scale' 'views' 'floor Space Ratio' 'solar Access' 'amenity' 'setbacks' 'state Environmental Planning Policy No 65']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal / Judgment

Legal Issues

  1. 1 ["Whether the proposed development's non-compliance with building height and floor space ratio standards can be justified under cl 4.6 of the Waverley Local Environmental Plan 2012" 'Whether the development is compatible with the desired future character of the locality' 'Whether the proposal preserves the environmental amenity, reasonable solar access, and view sharing for neighbouring properties']

Ratio Decidendi

The applicant's written requests failed to justify the proposed contraventions of building height and floor space ratio standards under cl 4.6; the assessment focused too heavily on the existing non-compliant building rather than demonstrating how the proposal met objectives for new development in the absence of such comparison; substantial additional bulk, inadequate amenity preservation, and insufficient environmental planning grounds meant consent could not be granted.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application DA-135/2018 for the demolition of an existing three storey residential flat building and the construction of a new four storey residential flat building (RFB) containing five units with basement car parking on land known as 154 Ramsgate Avenue, North Bondi is...