TWA Developments Pty Ltd v Shoalhaven City Council [2021] NSWLEC 1437

TWA Developments Pty Ltd v Shoalhaven City Council [2021] NSWLEC 1437

Development consent was warranted because the amended proposal complied with the applicable planning controls, satisfied the relevant performance criteria and acceptable solutions, was compatible with the existing and desired future character of the surrounding neighbourhood and streetscape, would not cause unacceptable impacts on adjoining properties or future residents, and would not undermine the objectives of the imminent and certain R5 Large Lot Residential zoning notwithstanding that multi dwelling housing would become prohibited in that zone.

Jurisdiction
Australia
Judgment Date
29 July 2021
Procedural Posture
Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Appeal Against Council Refusal of Development Application
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['multi Dwelling Housing' 'compatibility With Neighbourhood Character and Streetscape' 'draft Planning Instrument and Rezoning' 'development Control Plan Compliance' 'amenity Impacts' 'overshadowing' 'view Loss' 'privacy' 'site Suitability']
['planning and Environment Law' 'development Consent' 'local Environmental Planning'] ['multi Dwelling Housing' 'compatibility With Neighbourhood Character and Streetscape' 'draft Planning Instrument and Rezoning' 'development Control Plan Compliance' 'amenity Impacts' 'overshadowing' 'view Loss' 'privacy' 'site Suitability']

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Appeal Against Council Refusal of Development Application

Legal Issues

  1. 1 ['Whether the proposed multi dwelling housing development was compatible with the character of the surrounding neighbourhood and streetscape.' 'Whether the proposed development would have unacceptable impacts on adjoining properties, including overshadowing, view loss, privacy, visual impact, and acoustic impact.' 'Whether the proposed development would provide acceptable amenity for future residents.' 'What weight should be given to the proposed amendment to the Shoalhaven Local Environmental Plan 2014 rezoning the site from R1 General Residential to R5 Large Lot Residential, where multi dwelling housing would be prohibited.' 'Whether the proposed development was consistent with the objectives of the current R1 General Residential zone and the future R5 Large Lot Residential zone.' 'Whether development consent should be granted having regard to the matters in s 4.15 of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Development consent was warranted because the amended proposal complied with the applicable planning controls, satisfied the relevant performance criteria and acceptable solutions, was compatible with the existing and desired future character of the surrounding neighbourhood and streetscape, would not cause unacceptable impacts on adjoining properties or future residents, and would not undermine the objectives of the imminent and certain R5 Large Lot Residential zoning notwithstanding that multi dwelling housing would become prohibited in that zone.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted for the construction of a multi dwelling housing development containing four detached dwellings at 52 Parker Crescent, Berry, subject to the conditions in Annexure A.' 'Exhibits 1-4, 6, B, F and H be returned.']