Practec Developments (Aust) No.9 Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1451

Practec Developments (Aust) No.9 Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1451

Although the proposal complied with the Sydney Local Environmental Plan 2012 numerical height and floor space ratio standards, those controls were targets to be read with the Sydney Development Control Plan 2012 controls and the site-specific context. The proposed rear massing and inadequate sensitivity to the southern interface would cause severe physical amenity impacts, particularly overshadowing, loss of solar access and visual bulk to 36 Hardie Street, with further solar impact to 40 Hardie Street. The proposal's massing had not been adequately distributed to reduce those impacts, did not reflect impacts reasonably anticipated under the suite of applicable controls, and did not...

Jurisdiction
Australia
Judgment Date
06 August 2021
Procedural Posture
Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against a Deemed Refusal / Principal Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application for Alterations and Additions to Terrace Housing for Use as a Hotel' 'heritage Conservation Area Impacts' 'neighbour Amenity Impacts' 'overshadowing and Solar Access' 'setbacks, Height, Bulk and Massing' 'design Excellence Under Sydney Local Environmental Plan 2012']
['planning and Environment Law' 'development Control' 'heritage Conservation'] ['development Application for Alterations and Additions to Terrace Housing for Use as a Hotel' 'heritage Conservation Area Impacts' 'neighbour Amenity Impacts' 'overshadowing and Solar Access' 'setbacks, Height, Bulk and Massing' 'design Excellence Under Sydney Local Environmental Plan 2012']

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against a Deemed Refusal / Principal Judgment

Legal Issues

  1. 1 ['Whether the proposed hotel development should be granted development consent having regard to heritage conservation impacts on the Oxford Street (Darlinghurst Road) and Victoria Street Heritage Conservation Area.' 'Whether the proposal would cause unacceptable physical amenity impacts to neighbouring residential properties, including overshadowing, loss of solar access, visual bulk and enclosure.' "Whether the proposal's setbacks, height, bulk and massing were consistent with the applicable Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012 controls and the desired future character." 'Whether the proposal exhibited design excellence for the purposes of cl 6.21 of Sydney Local Environmental Plan 2012.' 'Whether the visual presentation to Hayden Place was acceptable.']

Ratio Decidendi

Although the proposal complied with the Sydney Local Environmental Plan 2012 numerical height and floor space ratio standards, those controls were targets to be read with the Sydney Development Control Plan 2012 controls and the site-specific context. The proposed rear massing and inadequate sensitivity to the southern interface would cause severe physical amenity impacts, particularly overshadowing, loss of solar access and visual bulk to 36 Hardie Street, with further solar impact to 40 Hardie Street. The proposal's massing had not been adequately distributed to reduce those impacts, did not reflect impacts reasonably anticipated under the suite of applicable controls, and did not...

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development application D/2020/244 (DA) for alterations and additions to six terraces for use as a hotel is refused.' 'The following exhibits are returned: 2-7, E and G.']