Sterling Projects Pty Ltd v The Hills Shire Council [2011] NSWLEC 1020

Sterling Projects Pty Ltd v The Hills Shire Council [2011] NSWLEC 1020

The appeal was dismissed because, although the proposal was permissible under State Environmental Planning Policy (Affordable Rental Housing) 2009, it did not demonstrate adequate consideration of its context, site planning and internal amenity as required by the Guidelines. The central 'gun barrel' driveway and garaging visually dominated the development, produced large paved areas and continuous built form along both sides of the site, limited landscaping and opportunities for north-facing living areas and open space, and contributed to unacceptable solar access for townhouses 1 and 4. The Court accepted the council's evidence that the proposal was inconsistent with the character of the...

Jurisdiction
Australia
Judgment Date
08 February 2011
Procedural Posture
Class 1 Appeal Against Refusal of a Development Application / Final Judgment
Outcome
The appeal is dismissed and the development application is refused.
Legal Topics
['development Application' 'multi Dwelling Housing' 'affordable Rental Housing' 'neighbourhood Character' 'internal Amenity' 'solar Access' 'resident Objections']
['planning and Environment Law'] ['development Application' 'multi Dwelling Housing' 'affordable Rental Housing' 'neighbourhood Character' 'internal Amenity' 'solar Access' 'resident Objections']

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Procedural Posture

Class 1 Appeal Against Refusal of a Development Application / Final Judgment

Legal Issues

  1. 1 ['Whether the proposed demolition of an existing dwelling and construction of four townhouses should be approved under State Environmental Planning Policy (Affordable Rental Housing) 2009 despite being prohibited under Baulkham Hills Local Environmental Plan 2005.' 'Whether the proposal adequately considered the Seniors Living Policy: Urban Design Guidelines for Infill Development as required by cl 15 of State Environmental Planning Policy (Affordable Rental Housing) 2009.' "Whether the proposal was compatible with the character of the area, including its response to context, site planning, built form, driveway and garaging arrangements, and the rear 'green zone'." 'Whether the proposal provided acceptable internal residential amenity, particularly solar access to living rooms and private open spaces.']

Ratio Decidendi

The appeal was dismissed because, although the proposal was permissible under State Environmental Planning Policy (Affordable Rental Housing) 2009, it did not demonstrate adequate consideration of its context, site planning and internal amenity as required by the Guidelines. The central 'gun barrel' driveway and garaging visually dominated the development, produced large paved areas and continuous built form along both sides of the site, limited landscaping and opportunities for north-facing living areas and open space, and contributed to unacceptable solar access for townhouses 1 and 4. The Court accepted the council's evidence that the proposal was inconsistent with the character of the...

Court Disposition

The appeal is dismissed and the development application is refused.

Orders

  • ['The appeal is dismissed.' 'The development application (913/2010/HB) to demolish an existing dwelling and construct multi dwelling housing at 26 Moseley Street, Carlingford, is refused.' 'The exhibits may be returned.']