Mecone Pty Limited v Waverley Council [2015] NSWLEC 1312

Mecone Pty Limited v Waverley Council [2015] NSWLEC 1312

The applicant's written objection did not sufficiently demonstrate that compliance with the development standards for building height and floor space ratio was unreasonable or unnecessary or provide sufficient environmental planning grounds to justify contravention. Furthermore, the proposal would have unacceptable adverse impacts on neighbouring properties in terms of solar access and view loss, and was not consistent with the objectives of the relevant planning controls. Accordingly, consent must be refused.

Parties
Applicant: Mecone Pty Limited; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
07 August 2015
Procedural Posture
Development Appeal / Final Determination
Outcome
Appeal dismissed
Legal Topics
Development Standard Objections, Building Height, Floor Space Ratio, Solar Access, View Impacts, Public Interest, Voluntary Planning Agreements
Planning and Environment Law Development Standard Objections Building Height Floor Space Ratio Solar Access View Impacts Public Interest Voluntary Planning Agreements

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Parties

Mecone Pty Limited

Applicant

Waverley Council

Respondent

Procedural Posture

Development Appeal / Final Determination

Legal Issues

  1. 1 Whether written objections to development standards for height and floor space ratio are well founded
  2. 2 Whether the impacts of the proposal on solar access and views are acceptable
  3. 3 Whether the proposal is in the public interest

Ratio Decidendi

The applicant's written objection did not sufficiently demonstrate that compliance with the development standards for building height and floor space ratio was unreasonable or unnecessary or provide sufficient environmental planning grounds to justify contravention. Furthermore, the proposal would have unacceptable adverse impacts on neighbouring properties in terms of solar access and view loss, and was not consistent with the objectives of the relevant planning controls. Accordingly, consent must be refused.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development Application DA628/2014 for the construction of an additional two residential storeys containing a total of 10 apartments to an approved mixed use development at Nos 253-255 Oxford Street, Bondi Junction is refused consent.