Tazcol Pty Ltd v The Hills Shire Council [2017] NSWLEC 1299

Tazcol Pty Ltd v The Hills Shire Council [2017] NSWLEC 1299

The appeal was upheld because the proposal complied with the existing 9m height standard and 1:1 FSR control, the Planning Proposal reducing height to 7m was not imminent or certain in relation to Glenorie Village and did not warrant determinative weight, and even if given weight the proposal would not undermine the expressed future planning objectives. The Court accepted the clause 4.6 written request for any 7m height variation, found the built form and scale appropriate to the existing or desired future character, accepted the Post Office Road setback variation in the context of the B1 zone and road separation, found the loading area acceptable subject to management and acoustic...

Jurisdiction
Australia
Judgment Date
14 June 2017
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. 182/2017/ha / Final Judgment and Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application for Staged Redevelopment of Existing Shopping Centre' 'shop Top Housing in B1 Neighbourhood Centre Zone' 'height Development Standard and Draft LEP Weight' 'built Form, Scale and Character Under SEPP 65' 'setbacks Under the Hills Development Control Plan 2012' 'loading Dock Amenity and Acoustic Impacts' 'resident Objections Including Bushfire, Traffic, Sewerage, Privacy and Overshadowing']
['planning and Development Law' 'environmental Law'] ['development Application for Staged Redevelopment of Existing Shopping Centre' 'shop Top Housing in B1 Neighbourhood Centre Zone' 'height Development Standard and Draft LEP Weight' 'built Form, Scale and Character Under SEPP 65' 'setbacks Under the Hills Development Control Plan 2012' 'loading Dock Amenity and Acoustic Impacts' 'resident Objections Including Bushfire, Traffic, Sewerage, Privacy and Overshadowing']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. 182/2017/ha / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the proposed development should be refused because its height, built form and scale were excessive and inconsistent with the desired future character of Glenorie.' 'What weight should be given to the Planning Proposal or draft LEP reducing the maximum height for shop top housing in the B1 Neighbourhood Centre Zone from 9m to 7m.' 'Whether a clause 4.6 written request justified a variation to a 7m height development standard if that standard applied.' 'Whether the proposed development achieved a scale, bulk and height appropriate to the existing or desired future character of the street and surrounding buildings under SEPP 65.' 'Whether the proposed setbacks to Post Office Road were acceptable despite not providing a 6m setback opposite residential zoned land.' 'Whether the proposed loading dock or loading area was appropriately located and designed and would avoid unacceptable amenity or acoustic impacts.' 'Whether resident concerns about bushfire, traffic and parking, sewerage infrastructure, privacy and overshadowing warranted refusal.']

Ratio Decidendi

The appeal was upheld because the proposal complied with the existing 9m height standard and 1:1 FSR control, the Planning Proposal reducing height to 7m was not imminent or certain in relation to Glenorie Village and did not warrant determinative weight, and even if given weight the proposal would not undermine the expressed future planning objectives. The Court accepted the clause 4.6 written request for any 7m height variation, found the built form and scale appropriate to the existing or desired future character, accepted the Post Office Road setback variation in the context of the B1 zone and road separation, found the loading area acceptable subject to management and acoustic...

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 182/2017/HA for the staged redevelopment of an existing shopping centre at 930 Old Northern Road and 4 Post Office Road, Glenorie is approved subject to the conditions in Annexure A.' 'The exhibits are returned with the exception of exhibits 1, A and B.']