Peninsula Developments Australia Pty Ltd v Pittwater Council [2011] NSWLEC 1244

Peninsula Developments Australia Pty Ltd v Pittwater Council [2011] NSWLEC 1244

The development application was refused because, although the proposal remained permissible under the savings provision and its physical impacts were generally acceptable, the design was not compatible with the character of the local area and did not satisfy the relevant SEPP 65 design principles. The local area was principally the visual catchment, characterised predominantly by one and two storey detached dwellings in spaced, landscaped settings. A single two to three storey apartment block extending across two standard allotments and about 60 metres along the site was unprecedented in that context, and its setbacks, articulation, materials and landscaping did not sufficiently reduce...

Jurisdiction
Australia
Judgment Date
19 August 2011
Procedural Posture
Class 1 Appeal Against Refusal of a Development Application Under the Environmental Planning and Assessment Act 1979 / Principal Judgment After Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
['infill Affordable Housing Development' 'compatibility With Character of Local Area' 'state Environmental Planning Policy (affordable Rental Housing) 2009' 'state Environmental Planning Policy No 65 Design Quality of Residential Flat Development' 'non Discretionary Development Standards' 'savings and Transitional Provisions' 'residential Flat Development']
['planning and Environment' 'development Consent' 'affordable Housing'] ['infill Affordable Housing Development' 'compatibility With Character of Local Area' 'state Environmental Planning Policy (affordable Rental Housing) 2009' 'state Environmental Planning Policy No 65 Design Quality of Residential Flat Development' 'non Discretionary Development Standards' 'savings and Transitional Provisions' 'residential Flat Development']

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Procedural Posture

Class 1 Appeal Against Refusal of a Development Application Under the Environmental Planning and Assessment Act 1979 / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the design of the proposed Infill Affordable Housing residential flat building was compatible with the character of the local area.' 'What weight should be given to State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 and its savings provision.' 'Whether cl 14(1) of State Environmental Planning Policy (Affordable Rental Housing) 2009 was a non-discretionary development standard for the proposed residential flat development.' 'Whether the proposal satisfied the relevant SEPP 65 design quality principles, including Context, Scale, Built Form and Density.']

Ratio Decidendi

The development application was refused because, although the proposal remained permissible under the savings provision and its physical impacts were generally acceptable, the design was not compatible with the character of the local area and did not satisfy the relevant SEPP 65 design principles. The local area was principally the visual catchment, characterised predominantly by one and two storey detached dwellings in spaced, landscaped settings. A single two to three storey apartment block extending across two standard allotments and about 60 metres along the site was unprecedented in that context, and its setbacks, articulation, materials and landscaping did not sufficiently reduce...

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'The development application to demolish existing structures and construct an Infill Affordable Housing development at 9 -11 Beaconsfield Street, Newport, is refused.' 'The exhibits, except Exhibit 1, may be returned.']