Gregory International v Waverley Council [2004] NSWLEC 365

Gregory International v Waverley Council [2004] NSWLEC 365

The appeal was dismissed because satisfying height and setback controls did not justify exceeding the DCP FSR control, the proposed near-vertical third-floor sides were in effect walls and did not comply with the 7.5m external wall height control, and the proposed building would be alien to the Consett Avenue streetscape.

Jurisdiction
Australia
Judgment Date
12 July 2004
Procedural Posture
Appeal Against Refusal of a Development Application / Judgment After Hearing
Outcome
appeal dismissed; development application refused
Legal Topics
['development Application' 'development Control Plan' 'floor Space Ratio' 'building Envelope' 'streetscape Impact' 'residential Flat Building']
['planning and Environment Law'] ['development Application' 'development Control Plan' 'floor Space Ratio' 'building Envelope' 'streetscape Impact' 'residential Flat Building']

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Procedural Posture

Appeal Against Refusal of a Development Application / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the proposal's non-compliance with the maximum FSR in the DCP was justified." "Whether the proposal's impact on the streetscape was acceptable." 'Whether the proposal complied with the DCP maximum height of 7.5m for external walls.']

Ratio Decidendi

The appeal was dismissed because satisfying height and setback controls did not justify exceeding the DCP FSR control, the proposed near-vertical third-floor sides were in effect walls and did not comply with the 7.5m external wall height control, and the proposed building would be alien to the Consett Avenue streetscape.

Court Disposition

appeal dismissed; development application refused

Orders

  • ['The appeal is dismissed.' 'Development application to demolish the existing buildings and erect a three-storey residential flat building over basement parking on lots 45 and 46 DP 5953, known as 7-11 Consett Avenue, Bondi is determined by refusal.' 'The exhibits are returned.']