Torada Pty Ltd v Pittwater Council [2005] NSWLEC 376

Torada Pty Ltd v Pittwater Council [2005] NSWLEC 376

The proposal in its current form did not warrant approval because it did not achieve the desired future character for the Mona Vale Locality. In particular, the ground floor level, planter boxes and access arrangements produced a poor relationship between the ground floor uses and the street and public domain, especially on Waratah Street, and the four storey form could only be achieved by setting parts of the building below natural ground level while still exceeding or straining the 11 metre height control. The Court accepted Mr Baker's recommended amendments, including raising and reconfiguring the ground floor, deleting units 13 and 14, reducing parking and providing deep soil...

Jurisdiction
Australia
Judgment Date
12 July 2005
Procedural Posture
Appeal Against Refusal of Development Application DA No: N0310/04 Under the Environmental Planning and Assessment Act 1979 / Judgment Giving Directions After Hearing
Outcome
The proposal as currently proposed was not approved, but the Court found it capable of approval if amended in accordance with the recommended changes and made directions for amended plans, comments and conditions.
Legal Topics
['shop Top Housing Development Application' 'height Control' 'building Setbacks' 'desired Future Character' 'urban Design' 'residential Flat Building Design' 'car Parking' 'ground Floor Relationship to Street and Public Domain']
['environmental Planning and Development Control' 'land Use Planning'] ['shop Top Housing Development Application' 'height Control' 'building Setbacks' 'desired Future Character' 'urban Design' 'residential Flat Building Design' 'car Parking' 'ground Floor Relationship to Street and Public Domain']

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Procedural Posture

Appeal Against Refusal of Development Application DA No: N0310/04 Under the Environmental Planning and Assessment Act 1979 / Judgment Giving Directions After Hearing

Legal Issues

  1. 1 ['Whether the proposed height and setbacks achieved the desired future character of the Mona Vale Locality under Development Control Plan-Pittwater 21.' 'Whether the ground floor levels and access arrangements adequately addressed the street and integrated with the public domain.' "Whether the proposal's non-compliance with the 11 metre height control and the front setback control was acceptable." 'Whether amendments recommended by the Court appointed urban design expert would make the proposal acceptable.']

Ratio Decidendi

The proposal in its current form did not warrant approval because it did not achieve the desired future character for the Mona Vale Locality. In particular, the ground floor level, planter boxes and access arrangements produced a poor relationship between the ground floor uses and the street and public domain, especially on Waratah Street, and the four storey form could only be achieved by setting parts of the building below natural ground level while still exceeding or straining the 11 metre height control. The Court accepted Mr Baker's recommended amendments, including raising and reconfiguring the ground floor, deleting units 13 and 14, reducing parking and providing deep soil...

Court Disposition

The proposal as currently proposed was not approved, but the Court found it capable of approval if amended in accordance with the recommended changes and made directions for amended plans, comments and conditions.

Orders

  • ['The applicant is to serve amended plans by 26 July 2005 which incorporate the amendments in Schedule A.' 'The Court Appointed Expert and council are to provide comments on the plans and amended conditions to the applicant by 2 August 2005.' 'The agreed plans and amended conditions are to filed by 9 August 2005.'...