McKees Project Management Pty Ltd v Warringah Council [2012] NSWLEC 1213

McKees Project Management Pty Ltd v Warringah Council [2012] NSWLEC 1213

The design of the proposed development, particularly the bulk and form resulting from the height and footprint of the larger buildings, is not compatible with the character of the local area as required by relevant planning instruments. The incompatibility is of such a degree that development consent must be refused.

Parties
Applicant: McKees Project Management Pty Ltd; Respondent: Warringah Council
Jurisdiction
Australia
Judgment Date
07 August 2012
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed. Development application refused.
Legal Topics
Development Application, Affordable Housing, Compatibility With Local Area, Planning Instruments, Residential Flat Buildings
Planning and Environment Law Development Application Affordable Housing Compatibility With Local Area Planning Instruments Residential Flat Buildings

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Parties

McKees Project Management Pty Ltd

Applicant

Warringah Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the design of the proposed affordable housing development is compatible with the character of the local area
  2. 2 Which planning controls and standards apply to the application, including various State Environmental Planning Policies and Local Environmental Plans

Ratio Decidendi

The design of the proposed development, particularly the bulk and form resulting from the height and footprint of the larger buildings, is not compatible with the character of the local area as required by relevant planning instruments. The incompatibility is of such a degree that development consent must be refused.

Court Disposition

Appeal dismissed. Development application refused.

Orders

  • The appeal is dismissed.
  • Development Application (DA2011/0400) for an affordable housing development comprising of eight residential flat buildings at 2-4 Riverhill Avenue and 751-757 Warringah Road, Forestville is refused.