DBK Development Pty Limited v Randwick City Council [2015] NSWLEC 1464

DBK Development Pty Limited v Randwick City Council [2015] NSWLEC 1464

The amended plans satisfactorily addressed the Council's contentions and objectors' concerns. Although the modified development exceeded the building height and floor space ratio standards, the extent of variation was acceptable and reasonable in the circumstances; privacy impacts were addressed by amendments, louvres and separation distances exceeding Apartment Design Guide recommendations; and approval subject to agreed conditions was appropriate.

Jurisdiction
Australia
Judgment Date
17 November 2015
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Modification Application Da/552/2013/b / Consent Orders After Conciliation Conference and Hearing
Outcome
Appeal upheld
Legal Topics
['residential Flat Building' 'modification of Development Consent' 'building Height Development Standard' 'floor Space Ratio' 'state Environmental Planning Policy No 65' 'privacy Impacts' 'resident Objections' 'consent Orders']
['planning and Environment' 'development Consent Modification'] ['residential Flat Building' 'modification of Development Consent' 'building Height Development Standard' 'floor Space Ratio' 'state Environmental Planning Policy No 65' 'privacy Impacts' 'resident Objections' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Modification Application Da/552/2013/b / Consent Orders After Conciliation Conference and Hearing

Legal Issues

  1. 1 ['Whether the modification application was substantially the same development as originally approved.' 'Whether the proposal was inconsistent with the objectives of the R3 Medium Density Residential zone.' 'Whether non-compliance with building height and floor space ratio development standards was acceptable.' 'Whether the proposal satisfied the design principles in State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development.' 'Whether external wall height and ceiling height controls were satisfactorily addressed.' 'Whether privacy, bulk, view loss, parking and public interest objections warranted refusal.']

Ratio Decidendi

The amended plans satisfactorily addressed the Council's contentions and objectors' concerns. Although the modified development exceeded the building height and floor space ratio standards, the extent of variation was acceptable and reasonable in the circumstances; privacy impacts were addressed by amendments, louvres and separation distances exceeding Apartment Design Guide recommendations; and approval subject to agreed conditions was appropriate.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'Modification Application DA-552/2013-B to modify Development consent DA-552/2013 for the replacement of the approved clerestory window on the building fronting Severn Street with an additional level to accommodate a two storey apartment (Unit 5), the replacement of the clerestory window on...