STM 123 No. 7 Pty Ltd v Waverley Council [2020] NSWLEC 1495

STM 123 No. 7 Pty Ltd v Waverley Council [2020] NSWLEC 1495

The proposal did not satisfy the objectives of the height control, as it was not compatible with the desired future character of Jaques Avenue, and did not preserve environmental amenity for neighbouring properties. The clause 4.6 objection did not demonstrate sufficient environmental planning grounds for the breach. Consent could not be granted for the development application; the appeal must be dismissed.

Parties
Applicant: STM 123 No. 7 Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
26 October 2020
Procedural Posture
Appeal Pursuant to S 8.7(1) Environmental Planning and Assessment Act 1979 / Final Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Application, Height Control, Clause 4.6 Objection, Design Excellence, Environmental Amenity, Floor Space Ratio
Planning and Environment Development Application Height Control Clause 4.6 Objection Design Excellence Environmental Amenity Floor Space Ratio

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Parties

STM 123 No. 7 Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal Pursuant to S 8.7(1) Environmental Planning and Assessment Act 1979 / Final Judgment

Legal Issues

  1. 1 Whether the objectives of the height control are met
  2. 2 Whether proposal is compatible with desired future character of the locality
  3. 3 Whether environmental amenity of neighbouring properties is preserved

Ratio Decidendi

The proposal did not satisfy the objectives of the height control, as it was not compatible with the desired future character of Jaques Avenue, and did not preserve environmental amenity for neighbouring properties. The clause 4.6 objection did not demonstrate sufficient environmental planning grounds for the breach. Consent could not be granted for the development application; the appeal must be dismissed.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • Appeal dismissed.
  • Development application No. DA 85/2020 to construct an additional level to the approved four-storey shop-top housing development at lots 20 and 21 in Deposited Plan 5953 known as 2-4 Jaques Avenue, Bondi Beach is refused.