Residential Lifestyles Pty Ltd v Warringah Council [2005] NSWLEC 250

Residential Lifestyles Pty Ltd v Warringah Council [2005] NSWLEC 250

The Court upheld the appeal and granted development consent because, although the proposal exceeded the two-storey development standard and was borderline, the resulting medical centre was consistent with the general principles of development control and the desired future character of the C1 locality. The proposed bulk, scale, setbacks and landscaping were acceptable in its particular corner location beside the C3 locality; the numerical carparking requirement did not have to be strictly met and 14 spaces were found adequate; and cl 20(1) permitted consent despite non-compliance with development standards.

Jurisdiction
Australia
Judgment Date
18 May 2005
Procedural Posture
Appeal Against Council's Refusal of a Development Application / Final Judgment
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['medical Centre Development Application' 'warringah Local Environmental Plan 2000' 'consistency With Desired Future Character' 'general Principles of Development Control' 'building Height and Storeys' 'building Bulk and Architectural Scale' 'carparking Provision and Design' 'landscaping' 'pedestrian Access']
['planning and Environment Law' 'development Consent'] ['medical Centre Development Application' 'warringah Local Environmental Plan 2000' 'consistency With Desired Future Character' 'general Principles of Development Control' 'building Height and Storeys' 'building Bulk and Architectural Scale' 'carparking Provision and Design' 'landscaping' 'pedestrian Access']

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Procedural Posture

Appeal Against Council's Refusal of a Development Application / Final Judgment

Legal Issues

  1. 1 ['Whether the proposed three-storey medical centre was consistent with the relevant general principles of development control in Warringah Local Environmental Plan 2000.' 'Whether the proposed development was consistent with the desired future character of the C1 Middle Harbour Suburbs locality.' 'Whether development consent could be granted despite non-compliance with the two-storey development standard and fractional non-compliance with landscaped open space requirements.' 'Whether 14 on-site carparking spaces were adequate notwithstanding the numerical requirement in Schedule 17 of Warringah Local Environmental Plan 2000.' 'Whether the design of the carparking and pedestrian access was acceptable.']

Ratio Decidendi

The Court upheld the appeal and granted development consent because, although the proposal exceeded the two-storey development standard and was borderline, the resulting medical centre was consistent with the general principles of development control and the desired future character of the C1 locality. The proposed bulk, scale, setbacks and landscaping were acceptable in its particular corner location beside the C3 locality; the numerical carparking requirement did not have to be strictly met and 14 spaces were found adequate; and cl 20(1) permitted consent despite non-compliance with development standards.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to DA 2002/0871 for the demolition of the existing dwelling and garage and for the erection of a medical centre at 16 Starkey Street, Forestville, subject to the conditions in Annexure A hereto.' 'The exhibits, other than exhibits G, H, J and K, may be...