Nanevski Developments Pty Limited v Rockdale City Council [2010] NSWLEC 1369

Nanevski Developments Pty Limited v Rockdale City Council [2010] NSWLEC 1369

The appeal is upheld as the SEPP 1 objections to the non-compliant height, number of storeys, and rear single storey component are well founded; the amended proposal does not result in unreasonable impacts on privacy, solar access, bulk, amenity, or streetscape, and satisfies the underlying planning objectives, thus development consent is granted subject to conditions.

Parties
Applicant: Nanevski Developments Pty Limited; Respondent: Rockdale City Council
Jurisdiction
Australia
Judgment Date
06 December 2010
Procedural Posture
Development Application Appeal / Final Determination Appeal Upheld
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Applications, SEPP 1 Variation, Residential Aged Care Facility, Height and Storeys Standards, Streetscape, Privacy, Solar Access, Parking, Bulk and Scale
Planning and Environment Development Applications SEPP 1 Variation Residential Aged Care Facility Height and Storeys Standards Streetscape Privacy Solar Access +2 more

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Parties

Nanevski Developments Pty Limited

Applicant

Rockdale City Council

Respondent

Procedural Posture

Development Application Appeal / Final Determination Appeal Upheld

Legal Issues

  1. 1 Whether SEPP 1 variations to height, storeys and rear single storey component should be allowed
  2. 2 Impact of the proposed development on privacy, solar access, bulk, height, traffic, parking, and streetscape
  3. 3 Compatibility of the proposed aged care facility with the neighbourhood and relevant planning instruments

Ratio Decidendi

The appeal is upheld as the SEPP 1 objections to the non-compliant height, number of storeys, and rear single storey component are well founded; the amended proposal does not result in unreasonable impacts on privacy, solar access, bulk, amenity, or streetscape, and satisfies the underlying planning objectives, thus development consent is granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal in respect of 45 Lawson Street, Sans Souci is upheld.
  • Objections under SEPP 1 to vary standards of height, number of storeys, and rear single storey component are allowed.