Penshurst Laycock Pty Ltd v Georges River Council [2021] NSWLEC 1382

Penshurst Laycock Pty Ltd v Georges River Council [2021] NSWLEC 1382

The proposed developments on Lots 9, 10, and 11, both individually and collectively, are not compatible with the character of the local area as required by cl 30A of the State Environmental Planning Policy (Affordable Rental Housing) 2009, primarily due to inappropriate built form (including abutting breezeways, inadequate setbacks, and visible passenger lift), unreasonable impacts on local amenity and heritage character, unacceptable risk and loss to significant trees contributing to local character, and insufficient evidence or grounds to permit tree removal under relevant planning instruments and policies; accordingly, the appeals are dismissed and development consents refused.

Parties
Applicant: Penshurst Laycock Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
30 June 2021
Procedural Posture
Development Application Appeal (class 1) / Judgment After Hearing
Outcome
Appeals dismissed; development consents refused.
Legal Topics
Development Applications, Boarding Houses, Affordable Housing, Heritage Conservation, Tree Protection, Local Character, Streetscape, Environmental Planning Instruments
Planning and Environment Development Applications Boarding Houses Affordable Housing Heritage Conservation Tree Protection Local Character Streetscape +1 more

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Parties

Penshurst Laycock Pty Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Development Application Appeal (class 1) / Judgment After Hearing

Legal Issues

  1. 1 Whether proposed boarding house developments are compatible with the character of the local area under cl 30A of the State Environmental Planning Policy (Affordable Rental Housing) 2009
  2. 2 Whether removal of trees and incursion into Tree Protection Zone is acceptable under relevant planning controls and policies
  3. 3 Whether the applications comply with development standards such that consent authority is precluded from refusal on certain grounds under cl 29 Affordable Housing SEPP

Ratio Decidendi

The proposed developments on Lots 9, 10, and 11, both individually and collectively, are not compatible with the character of the local area as required by cl 30A of the State Environmental Planning Policy (Affordable Rental Housing) 2009, primarily due to inappropriate built form (including abutting breezeways, inadequate setbacks, and visible passenger lift), unreasonable impacts on local amenity and heritage character, unacceptable risk and loss to significant trees contributing to local character, and insufficient evidence or grounds to permit tree removal under relevant planning instruments and policies; accordingly, the appeals are dismissed and development consents refused.

Court Disposition

Appeals dismissed; development consents refused.

Orders

  • Applicant granted leave to amend the development applications and rely on amended plans, subject to costs thrown away as agreed or assessed, pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979.
  • Appeals in proceedings 2020/208036, 2020/208037, and 2020/208038 are dismissed.