MacKenzie Architects Pty Ltd v Willoughby Council [2010] NSWLEC 1280

MacKenzie Architects Pty Ltd v Willoughby Council [2010] NSWLEC 1280

The SEPP 1 objection to the two-storey height development standard was not well founded because the proposal did not achieve the underlying objectives of minimising the impacts of new development, avoiding dominance of the locality, and fitting within the context of the Griffin Conservation Area. The dwelling's excessive height, bulk, scale, gross floor area and floor space ratio, removal of significant trees, inadequate landscaping and amenity impacts meant the built form would dominate the site rather than be subservient to the landscape. The development was therefore inappropriate for the site and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
20 October 2010
Procedural Posture
Development Application Appeal Against Refusal by Willoughby Council / Judgment Following Hearing on 11 13 October 2010
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application for Dwelling, Driveway and Swimming Pool' 'sepp 1 Objection to Two Storey Height Limit' 'griffin Conservation Area' 'height, Bulk and Scale' 'tree Loss and Landscaping' 'solar Access and Residential Amenity']
['planning and Environment Law' 'heritage Conservation' 'development Standards'] ['development Application for Dwelling, Driveway and Swimming Pool' 'sepp 1 Objection to Two Storey Height Limit' 'griffin Conservation Area' 'height, Bulk and Scale' 'tree Loss and Landscaping' 'solar Access and Residential Amenity']

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Procedural Posture

Development Application Appeal Against Refusal by Willoughby Council / Judgment Following Hearing on 11 13 October 2010

Legal Issues

  1. 1 ["Whether the applicant's objection under State Environmental Planning Policy No 1-Development Standards to the two-storey height development standard in clause 18 of Willoughby Local Environmental Plan 1995 was well founded." "Whether the proposed dwelling's height, bulk, scale, gross floor area and floor space ratio were appropriate for the site and the Griffin Conservation Area." 'Whether the proposal would be subordinate to the landscape and compatible with the heritage significance of the Griffin Conservation Area.' 'Whether tree removal, driveway and excavation impacts, landscaping, privacy and overshadowing impacts were acceptable.' 'Whether design alternatives could meet the planning controls and mitigate amenity impacts.']

Ratio Decidendi

The SEPP 1 objection to the two-storey height development standard was not well founded because the proposal did not achieve the underlying objectives of minimising the impacts of new development, avoiding dominance of the locality, and fitting within the context of the Griffin Conservation Area. The dwelling's excessive height, bulk, scale, gross floor area and floor space ratio, removal of significant trees, inadequate landscaping and amenity impacts meant the built form would dominate the site rather than be subservient to the landscape. The development was therefore inappropriate for the site and the appeal was dismissed.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'DA No DA-2009/46 for the demolition of an existing dwelling removal of trees and the construction of a new dwelling, pool and driveway at No. 95 The Bulwark, Castlecrag is refused.' 'The exhibits are returned.']