SRSJ Management Pty Ltd v Waverley Council [2008] NSWLEC 1447

SRSJ Management Pty Ltd v Waverley Council [2008] NSWLEC 1447

The appeal was upheld because, although the proposal involved demolition of low cost rental accommodation and did not comply numerically with some Waverley Development Control Plan 2006 controls, the agreed affordable housing and tenant relocation measures adequately mitigated the clause 18 impacts, the proposal was generally within the existing building envelope and met the objectives of the floor space ratio and landscaping controls, the basement parking and car lift would not compromise streetscape, landscape quality, pedestrian amenity or safety, and resident impacts including privacy, view loss and overshadowing were acceptable or resolved by amended plans and conditions.

Jurisdiction
Australia
Judgment Date
05 November 2008
Procedural Posture
Appeal Against Refusal of Development Application / Judgment After S34 Conciliation Conference Was Terminated and Parties Consented to Disposal Under S34(4)(b) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'demolition of Low Rental Residential Flat Building' 'floor Space Ratio' 'deep Soil Planting' 'on Site Parking' 'residential Flat Building' 'strata Subdivision' 'impacts on Adjoining Residents']
['planning and Environment Law'] ['development Application' 'demolition of Low Rental Residential Flat Building' 'floor Space Ratio' 'deep Soil Planting' 'on Site Parking' 'residential Flat Building' 'strata Subdivision' 'impacts on Adjoining Residents']

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

Appeal Against Refusal of Development Application / Judgment After S34 Conciliation Conference Was Terminated and Parties Consented to Disposal Under S34(4)(b) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether demolition of the existing low rental residential flat building was acceptable under clause 18 of Waverley Local Environmental Plan 1996.' 'Whether non-compliance with Waverley Development Control Plan 2006 controls, particularly floor space ratio and deep soil planting, was acceptable.' 'Whether on-site parking should be provided.' 'Whether the proposal would unreasonably impact adjoining residents, including privacy, view loss and overshadowing impacts.']

Ratio Decidendi

The appeal was upheld because, although the proposal involved demolition of low cost rental accommodation and did not comply numerically with some Waverley Development Control Plan 2006 controls, the agreed affordable housing and tenant relocation measures adequately mitigated the clause 18 impacts, the proposal was generally within the existing building envelope and met the objectives of the floor space ratio and landscaping controls, the basement parking and car lift would not compromise streetscape, landscape quality, pedestrian amenity or safety, and resident impacts including privacy, view loss and overshadowing were acceptable or resolved by amended plans and conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'The development application (317-2007) to demolish an existing three storey residential flat building containing 6 units and construct a new four storey residential flat building containing three attached townhouses with basement level parking for three cars accessed by a car lift and...