Ray Fitz-Gibbon Architects Pty Limited v Ku-ring-gai Council [2004] NSWLEC 224

Ray Fitz-Gibbon Architects Pty Limited v Ku-ring-gai Council [2004] NSWLEC 224

Compliance with numerical development standards may be departed from where the qualitative requirements for neighbourhood amenity and streetscape are met, and where a SEPP 1 objection is properly established, development consent should be granted despite minor exceedances involving the number of storeys and non-external garbage facility location.

Parties
Applicant: Ray Fitz-Gibbon Architects Pty Limited; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
19 May 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld and development consent granted subject to conditions.
Legal Topics
Development Application, Housing for Older People or People With a Disability, Neighbourhood Amenity, Streetscape, Environmental Planning Instruments
Planning and Environment Law Development Application Housing for Older People or People With a Disability Neighbourhood Amenity Streetscape Environmental Planning Instruments

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Parties

Ray Fitz-Gibbon Architects Pty Limited

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether adequate regard has been given to neighbourhood amenity and streetscape under SEPP 5
  2. 2 Impact of number of storeys and floor space ratio non-compliance
  3. 3 Public interest concerns

Ratio Decidendi

Compliance with numerical development standards may be departed from where the qualitative requirements for neighbourhood amenity and streetscape are met, and where a SEPP 1 objection is properly established, development consent should be granted despite minor exceedances involving the number of storeys and non-external garbage facility location.

Court Disposition

Appeal upheld and development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application No. 1032/03 for the demolition of an existing residence and erection of a housing development for older people or people with a disability at 55 Pentecost Avenue, Pymble, is approved subject to conditions in Annexure A.