Leech Harmon Architects v Northern Beaches Council [2020] NSWLEC 1032

Leech Harmon Architects v Northern Beaches Council [2020] NSWLEC 1032

The design of the development was compatible with the character of the local area because the site had an unusual configuration, the local character was mixed, the bulk and scale of the five domestic-scale two-storey buildings were commensurate with likely low density residential development of the site, the proposal complied with the height controls, exceeded the landscaped area control, included sufficient articulation, and the amended proposal did not cause unacceptable amenity impacts.

Jurisdiction
Australia
Judgment Date
22 January 2020
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2018/1166 / Final Determination After Unsuccessful Conciliation Under S 34 of the Land and Environment Court Act 1979 and Amendments to the Application
Outcome
Appeal upheld and development application approved subject to conditions of consent at Annexure A.
Legal Topics
['boarding House Development' 'compatibility With Character of Local Area' 'bulk and Scale' 'building Height' 'amenity Impacts' 'landscaped Open Space']
['planning and Environment' 'development Consent' 'affordable Rental Housing'] ['boarding House Development' 'compatibility With Character of Local Area' 'bulk and Scale' 'building Height' 'amenity Impacts' 'landscaped Open Space']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2018/1166 / Final Determination After Unsuccessful Conciliation Under S 34 of the Land and Environment Court Act 1979 and Amendments to the Application

Legal Issues

  1. 1 ['Whether the design of the proposed boarding house development was compatible with the character of the local area under cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009.' "Whether the proposal's bulk, scale, articulation and modulation were acceptable in the R2 Low Density Residential zone." 'Whether the height of Building D was acceptable.' 'Whether the amended proposal caused unacceptable amenity impacts on adjoining development.']

Ratio Decidendi

The design of the development was compatible with the character of the local area because the site had an unusual configuration, the local character was mixed, the bulk and scale of the five domestic-scale two-storey buildings were commensurate with likely low density residential development of the site, the proposal complied with the height controls, exceeded the landscaped area control, included sufficient articulation, and the amended proposal did not cause unacceptable amenity impacts.

Court Disposition

Appeal upheld and development application approved subject to conditions of consent at Annexure A.

Orders

  • ['The applicant is granted leave to amend the application to rely on the architectural plans listed in condition 2(a) of the conditions of consent at Annexure A.' "The applicant is to pay the respondent's costs thrown away as a result of the amendments made to the development application, pursuant to s 8.15(3) of...