PSEC Project Services Pty Ltd v Kiama Municipal Council [2018] NSWLEC 1501

PSEC Project Services Pty Ltd v Kiama Municipal Council [2018] NSWLEC 1501

The amended development application was approved because the residential flat building was permissible in the R3 Medium Density Residential zone, complied with the height and floor space ratio standards and relevant setback and parking controls, gave adequate regard to SEPP 65 and the Apartment Design Guide, and its impacts on streetscape, amenity, safety, overshadowing, excavation, traffic, parking, waste management, privacy and Bourrool Lane were acceptable. Although the proposal would cause significant view loss to 7 Hartwell Crescent, that loss was not unreasonable because the development complied with the planning controls, was designed to minimise visual impact, and retaining the...

Jurisdiction
Australia
Judgment Date
27 September 2018
Procedural Posture
Class 1 Development Appeal / Final Determination by Consent Orders After Amended Development Application
Outcome
Appeal upheld; development application approved subject to conditions; no order as to costs.
Legal Topics
['residential Flat Building' 'development Application Refusal Appeal' 'height, Bulk and Scale' 'streetscape and Visual Impact' 'overshadowing and View Loss' 'car Parking and Traffic Impacts' 'consent Orders']
['environmental Planning and Assessment' 'land and Environment' 'development Consent'] ['residential Flat Building' 'development Application Refusal Appeal' 'height, Bulk and Scale' 'streetscape and Visual Impact' 'overshadowing and View Loss' 'car Parking and Traffic Impacts' 'consent Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal / Final Determination by Consent Orders After Amended Development Application

Legal Issues

  1. 1 ['Whether it was lawful and appropriate to grant development consent under s 4.15 of the Environmental Planning and Assessment Act 1979 despite the Council agreeing to consent orders.' 'Whether the proposed residential flat building was permissible and compliant with applicable height, floor space ratio, setback and design controls.' 'Whether the proposal would have unacceptable impacts on streetscape, residential amenity, safety, overshadowing, privacy, view loss, traffic, car parking, waste management and Bourrool Lane.' "Whether residents' objections warranted refusal of the amended development application."]

Ratio Decidendi

The amended development application was approved because the residential flat building was permissible in the R3 Medium Density Residential zone, complied with the height and floor space ratio standards and relevant setback and parking controls, gave adequate regard to SEPP 65 and the Apartment Design Guide, and its impacts on streetscape, amenity, safety, overshadowing, excavation, traffic, parking, waste management, privacy and Bourrool Lane were acceptable. Although the proposal would cause significant view loss to 7 Hartwell Crescent, that loss was not unreasonable because the development complied with the planning controls, was designed to minimise visual impact, and retaining the...

Court Disposition

Appeal upheld; development application approved subject to conditions; no order as to costs.

Orders

  • ['The Applicant is granted leave to amend Development Application No. 10.2016.231.1 and rely upon the amended plans in the table at [99(1)].' 'The Appeal is upheld.' 'Development Application No. 10.2016.231.1 for the demolition of existing structures, tree removal and the construction of a 4 storey residential flat...