Grundy v Waverley Council [2016] NSWLEC 1526

Grundy v Waverley Council [2016] NSWLEC 1526

The amended proposal’s breach of height and FSR standards is justified because the written request established that compliance is unreasonable in light of the site's topography and shape, the impact on views (particularly from 32 Dellview Street) is now reasonable and acceptable, and the development is compatible with the character and amenity of the locality. The requirements of clause 4.6 for both height and FSR have been met, enabling the grant of consent subject to conditions.

Parties
Applicant: Garth Grundy; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
08 November 2016
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld; development application approved with conditions.
Legal Topics
Development Application, Demolition, Construction Approval, View Loss, Floor Space Ratio (fsr), Height Standards, Setback Requirements, Planning Controls, Environmental Amenity, Variation of Development Standards
Planning and Environment Law Development Application Demolition Construction Approval View Loss Floor Space Ratio (fsr) Height Standards Setback Requirements +3 more

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Parties

Garth Grundy

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether variation to height and FSR development standards under LEP 2012 can be justified for proposed redevelopment
  2. 2 Whether the proposal adequately addresses environmental planning grounds justifying contravention of standard controls
  3. 3 Whether the amended design reasonably balances view loss and redevelopment objectives

Ratio Decidendi

The amended proposal’s breach of height and FSR standards is justified because the written request established that compliance is unreasonable in light of the site's topography and shape, the impact on views (particularly from 32 Dellview Street) is now reasonable and acceptable, and the development is compatible with the character and amenity of the locality. The requirements of clause 4.6 for both height and FSR have been met, enabling the grant of consent subject to conditions.

Court Disposition

Appeal upheld; development application approved with conditions.

Orders

  • The appeal is upheld.
  • Development Application No DA-20/2015 for the demolition of all existing improvements and the construction of a new dwelling house at 15 Gaerloch Avenue, Tamarama is approved subject to the conditions in Annexure A.