Scahill v Waverley Council [2024] NSWLEC 1024

Scahill v Waverley Council [2024] NSWLEC 1024

The appeal is upheld and development consent is granted because the amended development application satisfactorily addresses the legal requirements and contentions, resolves objections regarding height, bulk, scale, setbacks, amenity, heritage, and all relevant impacts, and satisfies the objectives of the planning instruments and standards, including environmental planning grounds for exceeding the height standard.

Parties
Applicant: Phillip Scahill; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
30 January 2024
Procedural Posture
Appeal Under Class 1, Land and Environment Court Act 1979 / Final Determination After Hearing, Post Amendment of Development Application
Outcome
Appeal upheld and development consent granted
Legal Topics
Development Application, Residential Flat Building, Building Height, Floor Space Ratio, Design Quality, Heritage Impact, Stormwater Management, Public Submissions, Site Suitability
Planning and Environment Development Application Residential Flat Building Building Height Floor Space Ratio Design Quality Heritage Impact Stormwater Management +2 more

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Parties

Phillip Scahill

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal Under Class 1, Land and Environment Court Act 1979 / Final Determination After Hearing, Post Amendment of Development Application

Legal Issues

  1. 1 Whether development consent should be granted for demolition and construction of a four-storey residential flat building
  2. 2 Whether the proposed development's height exceeds planning standards and whether the variation is justified under cl 4.6 of Waverley Local Environmental Plan 2012
  3. 3 Assessment of bulk, scale, built form, setbacks, separation, privacy, heritage, stormwater management, parking, and traffic impacts

Ratio Decidendi

The appeal is upheld and development consent is granted because the amended development application satisfactorily addresses the legal requirements and contentions, resolves objections regarding height, bulk, scale, setbacks, amenity, heritage, and all relevant impacts, and satisfies the objectives of the planning instruments and standards, including environmental planning grounds for exceeding the height standard.

Court Disposition

Appeal upheld and development consent granted

Orders

  • Applicant to pay Respondent's thrown away costs in respect of amendments as agreed or assessed pursuant to s 8.15(3) of Environmental Planning and Assessment Act 1979
  • Development consent is granted to DA-308/2022 for demolition of two semi-detached dwellings and construction of a four-storey residential flat building with four apartments and basement parking, subject to conditions in Annexure A