Urban Link Pty Ltd v Lane Cove Council [2013] NSWLEC 1157

Urban Link Pty Ltd v Lane Cove Council [2013] NSWLEC 1157

The proposal did not demonstrate adequate regard for the SEPP 65 design quality principles nor satisfy DCP 2010 building width and setback objectives, and several ground floor and first floor apartments were significantly compromised for amenity by being below natural ground level, warranting refusal of the appeal.

Parties
Applicant: Urban Link Pty Ltd; Respondent: Lane Cove Council
Jurisdiction
Australia
Judgment Date
21 August 2013
Procedural Posture
Class 1 Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Design Quality, Internal Amenity, Number of Storeys, Fire Protection Zone, Accessible Parking Spaces
Planning Law Environmental Law Development Application Design Quality Internal Amenity Number of Storeys Fire Protection Zone Accessible Parking Spaces

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Parties

Urban Link Pty Ltd

Applicant

Lane Cove Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposal demonstrates adequate regard for design quality principles of SEPP 65
  2. 2 Whether the development satisfies objectives for internal amenity and building width under DCP 2010
  3. 3 Compliance of the fifth storey with setback controls under Locality 6 - Mowbray Precinct provisions of DCP 2010

Ratio Decidendi

The proposal did not demonstrate adequate regard for the SEPP 65 design quality principles nor satisfy DCP 2010 building width and setback objectives, and several ground floor and first floor apartments were significantly compromised for amenity by being below natural ground level, warranting refusal of the appeal.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development Application No. 13/24 for the demolition of five dwelling houses and the construction of a residential flat building containing 64 dwellings and basement car park is refused.