Sammut Developments Pty Ltd v Sutherland Shire Council [2005] NSWLEC 529

Sammut Developments Pty Ltd v Sutherland Shire Council [2005] NSWLEC 529

The proposal should be approved because, although it exceeded the calculated floor space ratio and was four storeys rather than the DCP three-storey standard, the SEPP 1 objection was justified, the shutters were not external enclosing walls for gross floor area purposes, the building's height, bulk and scale were an appropriate contextual and transitional response to surrounding development and applicable controls, and the resulting view loss and overshadowing were not unreasonable when assessed against reasonable development expectations for the site.

Jurisdiction
Australia
Judgment Date
29 September 2005
Procedural Posture
Development Application Appeal Concerning Demolition of Existing Residential Flat Buildings and Construction of a Four Storey Residential Flat Building With Basement Carparking and Strata Subdivision / Judgment After Hearing; Appeal Upheld and Development Consent Granted Subject to Conditions
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['residential Flat Building' 'floor Space Ratio' 'building Height' 'development Control Plan' 'state Environmental Planning Policy No. 1 Objection' 'foreshore Scenic Protection Area' 'view Loss' 'overshadowing' 'streetscape and Urban Design' 'residential Amenity']
['environmental Planning and Assessment' 'land Use Planning' 'development Consent'] ['residential Flat Building' 'floor Space Ratio' 'building Height' 'development Control Plan' 'state Environmental Planning Policy No. 1 Objection' 'foreshore Scenic Protection Area' 'view Loss' 'overshadowing' 'streetscape and Urban Design' 'residential Amenity']

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Procedural Posture

Development Application Appeal Concerning Demolition of Existing Residential Flat Buildings and Construction of a Four Storey Residential Flat Building With Basement Carparking and Strata Subdivision / Judgment After Hearing; Appeal Upheld and Development Consent Granted Subject to Conditions

Legal Issues

  1. 1 ["Whether the proposed building's exceedance of the applicable maximum floor space ratio under the Sutherland Shire Local Environmental Plan 2000 warranted refusal of the development application." 'Whether the State Environmental Planning Policy No. 1 objection to the floor space ratio development standard should be upheld.' 'Whether the proposed four-storey building, contrary to the three-storey standard in the Development Control Plan, warranted refusal.' 'Whether the proposed building was compatible with the streetscape and surrounding development in terms of height, bulk and scale.' 'Whether view loss and overshadowing impacts on nearby dwellings were sufficient to warrant refusal.']

Ratio Decidendi

The proposal should be approved because, although it exceeded the calculated floor space ratio and was four storeys rather than the DCP three-storey standard, the SEPP 1 objection was justified, the shutters were not external enclosing walls for gross floor area purposes, the building's height, bulk and scale were an appropriate contextual and transitional response to surrounding development and applicable controls, and the resulting view loss and overshadowing were not unreasonable when assessed against reasonable development expectations for the site.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 04/1127, for the demolition of two existing two-storey residential flat buildings and the construction of a four-storey residential flat building with basement carparking at 18-20 Coast Avenue, Cronulla, is determined by the granting of development consent...