Urban Link Pty Ltd v Inner West Council [2020] NSWLEC 1312

Urban Link Pty Ltd v Inner West Council [2020] NSWLEC 1312

For a development of the proposed form and scale, with 36 potential occupants, 13 car spaces and service vehicle use, the shared vehicular and pedestrian access at the narrow boundary pinchpoint was substandard and did not meet AS 2890.1. The steep basement driveway and loading access contributed to the pedestrian safety risk. The resulting unreasonable risk to pedestrian safety was determinative, so development consent could not be granted.

Jurisdiction
Australia
Judgment Date
22 July 2020
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Principal Judgment; Final Determination
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application for Boarding House' 'vehicle and Pedestrian Access' 'pedestrian Safety' 'basement Parking' 'amenity Impacts' 'heritage Conservation' 'affordable Rental Housing']
['planning and Development' 'environmental Law' 'heritage Conservation'] ['development Application for Boarding House' 'vehicle and Pedestrian Access' 'pedestrian Safety' 'basement Parking' 'amenity Impacts' 'heritage Conservation' 'affordable Rental Housing']

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Principal Judgment; Final Determination

Legal Issues

  1. 1 ['Whether consent should be granted for demolition of existing structures and construction of a one and two storey boarding house with basement parking and associated works at 32 Albert Parade, Ashfield.' 'Whether the proposed shared vehicular and pedestrian access was acceptable for pedestrian safety given the width of the accessway and the scale of the proposed boarding house.' 'Whether the driveway ramp gradient to the basement parking and loading bay contributed to unacceptable access and safety risks.' 'Whether other impacts concerning intensity of use, built form and character, heritage, amenity, stormwater drainage and Building Code of Australia matters prevented approval.']

Ratio Decidendi

For a development of the proposed form and scale, with 36 potential occupants, 13 car spaces and service vehicle use, the shared vehicular and pedestrian access at the narrow boundary pinchpoint was substandard and did not meet AS 2890.1. The steep basement driveway and loading access contributed to the pedestrian safety risk. The resulting unreasonable risk to pedestrian safety was determinative, so development consent could not be granted.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'The development application 010.2018.00000203.01 for demolition of existing structures and construction of a one and two storey boarding house with basement parking and associated works at 32 Albert Parade Ashfield is refused.' 'The exhibits are returned with the exception of Exhibits 1,...