De Stoop v Ku-ring-gai Council [2010] NSWLEC 1019

De Stoop v Ku-ring-gai Council [2010] NSWLEC 1019

The SEPP 1 objections were well founded because, in the particular circumstances of the site, strict compliance with the 8 metre height, two storey and rear 25% single storey standards was unreasonable and unnecessary. The proposal retained and adaptively reused Rosemorran, used the substantial fall in the land, maintained a landscaped setting, and would not be antipathetic to the underlying purposes of the standards. On the merits, the amended development would not significantly impact the heritage significance of Rosemorran, was satisfactory from an urban design and landscaping perspective, and would not create unreasonable impacts on adjoining properties in terms of overshadowing,...

Jurisdiction
Australia
Judgment Date
27 April 2010
Procedural Posture
Development Appeal Concerning a Seniors Living Development Application / Judgment After Hearing
Outcome
Appeal upheld; SEPP 1 objections allowed; development application approved subject to deferred commencement and conditions.
Legal Topics
['seniors Living Development' 'sepp 1 Objections' 'height, Bulk and Scale' 'impact on Heritage Item' 'overshadowing and Privacy' 'residential Amenity' 'urban Design' 'landscaping']
['environmental Planning and Assessment' 'development Consent' 'heritage' 'land Use Planning'] ['seniors Living Development' 'sepp 1 Objections' 'height, Bulk and Scale' 'impact on Heritage Item' 'overshadowing and Privacy' 'residential Amenity' 'urban Design' 'landscaping']

Case Brief

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Procedural Posture

Development Appeal Concerning a Seniors Living Development Application / Judgment After Hearing

Legal Issues

  1. 1 ['Whether objections under State Environmental Planning Policy No. 1 to vary the Seniors Living SEPP development standards for 8 metre height, two storeys adjacent to boundaries, and one storey in the rear 25% of the site should be allowed.' 'Whether the proposed development would have an unacceptable impact on the heritage significance and setting of Rosemorran.' 'Whether the proposed development would create unreasonable impacts on adjoining properties, including overshadowing, privacy, outlook, bulk and scale impacts.' 'Whether the amended proposal was satisfactory having regard to urban design, landscaping, neighbourhood amenity and the statutory planning framework.']

Ratio Decidendi

The SEPP 1 objections were well founded because, in the particular circumstances of the site, strict compliance with the 8 metre height, two storey and rear 25% single storey standards was unreasonable and unnecessary. The proposal retained and adaptively reused Rosemorran, used the substantial fall in the land, maintained a landscaped setting, and would not be antipathetic to the underlying purposes of the standards. On the merits, the amended development would not significantly impact the heritage significance of Rosemorran, was satisfactory from an urban design and landscaping perspective, and would not create unreasonable impacts on adjoining properties in terms of overshadowing,...

Court Disposition

Appeal upheld; SEPP 1 objections allowed; development application approved subject to deferred commencement and conditions.

Orders

  • ['The appeal for a seniors living development for the properties known as 1574-1578 Pacific Highway Wahroonga is upheld.' 'The objections submitted under State Environmental Planning Policy No. 1 to vary the development standards of the 8 metre height restriction, the single storey requirement for the rear 25% of...