Starby Pty Limited v The Hills Shire Council [2016] NSWLEC 1140

Starby Pty Limited v The Hills Shire Council [2016] NSWLEC 1140

The breach of the 12m building height standard was justified by environmental planning grounds under cl 4.6 LEP 2012 given the existing site context, lack of unreasonable impact, satisfactory addressing of planning objectives, and acceptability of the development under merit assessment; thus, variation to the height standard is supported and the development application is approved subject to conditions.

Jurisdiction
Australia
Judgment Date
15 April 2016
Procedural Posture
Appeal / Judgment on Appeal From Refusal of Development Application
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'building Height Standard' 'impact on Adjoining Development' 'streetscape' 'landscaping' 'zone Objectives' 'strategic Impact on Shopping Centre' 'car Parking and Access' 'internal Amenity']
['planning and Environment'] ['development Application' 'building Height Standard' 'impact on Adjoining Development' 'streetscape' 'landscaping' 'zone Objectives' 'strategic Impact on Shopping Centre' 'car Parking and Access' 'internal Amenity']

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Procedural Posture

Appeal / Judgment on Appeal From Refusal of Development Application

Legal Issues

  1. 1 ['Whether breach of height standard can be supported under cl 4.6 of LEP 2012' 'Whether proposed development satisfies zone and height objective requirements' 'Whether the planning grounds justify variation to development standard' 'Impacts on adjoining development, streetscape, landscaping, and internal amenity' 'Consistency with strategic retail hierarchy and car parking requirements']

Ratio Decidendi

The breach of the 12m building height standard was justified by environmental planning grounds under cl 4.6 LEP 2012 given the existing site context, lack of unreasonable impact, satisfactory addressing of planning objectives, and acceptability of the development under merit assessment; thus, variation to the height standard is supported and the development application is approved subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'DA 1410/2015/JP for the erection of a residential flat building at 180-192 Caroline Chisholm Drive Winston Hills is approved subject to conditions in Annexure A.' 'The exhibits are returned with the exception of exhibits 1, A, B, and E.']