Glenayr Avenue Pty Ltd v Waverley Council [2013] NSWLEC 1253

Glenayr Avenue Pty Ltd v Waverley Council [2013] NSWLEC 1253

The applicant's written request fails to adequately demonstrate that strict compliance with height and floor space ratio standards is unreasonable or unnecessary, or that there are sufficient environmental planning grounds to justify contravention. The proposed development is not compatible in height, bulk, and scale with the existing character of the locality, and fails to achieve the objectives of the Height and Floor Space Ratio controls under Waverley LEP 2012. Public benefit is served by maintaining the established development standards, and consent must therefore be refused.

Parties
Applicant: Glenayr Avenue Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Appeal / Judgment on Appeal From Deemed Refusal of Development Application
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Application, Height and Floor Space Ratio Standards, Exceptions to Development Standards
Planning Law Environmental Law Development Application Height and Floor Space Ratio Standards Exceptions to Development Standards

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Parties

Glenayr Avenue Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Deemed Refusal of Development Application

Legal Issues

  1. 1 Whether the requirements for an exception to height and floor space ratio standards in Waverley Local Environmental Plan 2012 are satisfied
  2. 2 Whether the applicant's written request adequately addresses clause 4.6(3) of Waverley LEP 2012
  3. 3 Whether the proposal meets the objectives of the height and floor space ratio standards

Ratio Decidendi

The applicant's written request fails to adequately demonstrate that strict compliance with height and floor space ratio standards is unreasonable or unnecessary, or that there are sufficient environmental planning grounds to justify contravention. The proposed development is not compatible in height, bulk, and scale with the existing character of the locality, and fails to achieve the objectives of the Height and Floor Space Ratio controls under Waverley LEP 2012. Public benefit is served by maintaining the established development standards, and consent must therefore be refused.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • The appeal is dismissed.
  • The development application for a shop top housing development at 87 to 89 Glenayr Avenue and 13 to 15 Warners Avenue, Bondi Beach, is refused.