Davies v Randwick Council [2011] NSWLEC 1350

Davies v Randwick Council [2011] NSWLEC 1350

The objection under SEPP 1 to vary the floor space ratio in the Randwick Local Environmental Plan is well-founded because the proposed development, though non-compliant with floor space ratio, satisfies the purposes of the planning controls regarding environmental amenity and aesthetic character, is consistent with the surrounding context, and does not cause unreasonable impact on adjoining properties' amenity, solar access, or views. The development is therefore appropriate and refusal of consent would be unreasonable and unnecessary in the circumstances.

Jurisdiction
Australia
Judgment Date
07 October 2011
Procedural Posture
Appeal (class 1) Development Application Refusal / Final Judgment
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'floor Space Ratio' 'state Environmental Planning Policy No 1' 'solar Access' 'view Loss' 'development Control Plan' 'merits Appeal']
['planning Law' 'environmental Law' 'administrative Law'] ['development Application' 'floor Space Ratio' 'state Environmental Planning Policy No 1' 'solar Access' 'view Loss' 'development Control Plan' 'merits Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal (class 1) Development Application Refusal / Final Judgment

Legal Issues

  1. 1 ['Whether development application for three residential apartments and basement parking should be approved despite exceeding the floor space ratio under the Randwick Local Environmental Plan' 'Whether SEPP 1 objection to vary the floor space ratio standard should be allowed' 'Whether the proposed development has unreasonable impacts on solar access and views from adjoining properties' 'Proper consideration of the objectives and purposes of the planning controls in the context of the LEP and DCP']

Ratio Decidendi

The objection under SEPP 1 to vary the floor space ratio in the Randwick Local Environmental Plan is well-founded because the proposed development, though non-compliant with floor space ratio, satisfies the purposes of the planning controls regarding environmental amenity and aesthetic character, is consistent with the surrounding context, and does not cause unreasonable impact on adjoining properties' amenity, solar access, or views. The development is therefore appropriate and refusal of consent would be unreasonable and unnecessary in the circumstances.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['The appeal in respect of the property known as 2 Wolseley Road, Coogee, is upheld.' 'The State Environmental Planning Policy No 1 objection to vary the floor space ratio contained in Randwick Local Environmental Plan clause 20F is allowed.' 'The development application for three residential apartments and basement...