Innovative Architects Pty Ltd v Sutherland Shire Council [2010] NSWLEC 1022

Innovative Architects Pty Ltd v Sutherland Shire Council [2010] NSWLEC 1022

The proposal represents an overdevelopment of a narrow, undersized site and fails to provide, at natural ground level, the setbacks and landscaped area required by the applicable planning controls. The development would result in unreasonable adverse impacts on amenity and is inconsistent with planning objectives for the zone. The SEPP 1 objection is not well-founded as compliance with the landscaping standard is not shown to be unreasonable or unnecessary. Accordingly, the development application should be refused.

Parties
Applicant: Innovative Architects Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
05 February 2010
Procedural Posture
Development Application Appeal / Judgment at First Instance
Outcome
appeal dismissed
Legal Topics
Development Controls, Site Amalgamation, Building Height, Heritage Impacts, Landscape Requirements, Urban Design
Planning Law Environmental Law Development Controls Site Amalgamation Building Height Heritage Impacts Landscape Requirements Urban Design

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Parties

Innovative Architects Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Development Application Appeal / Judgment at First Instance

Legal Issues

  1. 1 Whether the proposal complies with minimum site area and width requirements in Sutherland Shire LEP 2006 clause 41
  2. 2 Whether the proposed development is consistent with building height, density, setback, and landscaping controls
  3. 3 Whether the SEPP 1 objection to the landscape area development standard should be upheld

Ratio Decidendi

The proposal represents an overdevelopment of a narrow, undersized site and fails to provide, at natural ground level, the setbacks and landscaped area required by the applicable planning controls. The development would result in unreasonable adverse impacts on amenity and is inconsistent with planning objectives for the zone. The SEPP 1 objection is not well-founded as compliance with the landscaping standard is not shown to be unreasonable or unnecessary. Accordingly, the development application should be refused.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The SEPP 1 Objection to the landscape area development standard in cl 36 of the LEP is disallowed.