Yarranabbe Developments Pty Limited v Woollahra Council [2014] NSWLEC 1007

Yarranabbe Developments Pty Limited v Woollahra Council [2014] NSWLEC 1007

Consent could not be granted because none of the applicant's SEPP 1 objections to the site frontage, floor space ratio, building height and foreshore building line development standards was upheld. The proposal failed to satisfy relevant objectives of the controls, particularly as to compatibility, bulk and scale, landscape setting, sunlight and daylight, and the 30m foreshore building line for residential flat buildings; therefore the preconditions to approval were not met.

Jurisdiction
Australia
Judgment Date
14 January 2014
Procedural Posture
Class 1 Development Appeal / Appeal Against Woollahra Council's Refusal of Development Application Da485/2012/1
Outcome
Appeal dismissed
Legal Topics
['development Application for Residential Flat Building' 'sepp 1 Objections to Development Standards' 'foreshore Building Line' 'floor Space Ratio' 'building Height' 'site Frontage' 'bulk, Scale and Compatibility' 'amenity Impacts' 'covenant Affecting Land']
['environmental Planning and Development' 'land and Environment Court Appeals'] ['development Application for Residential Flat Building' 'sepp 1 Objections to Development Standards' 'foreshore Building Line' 'floor Space Ratio' 'building Height' 'site Frontage' 'bulk, Scale and Compatibility' 'amenity Impacts' 'covenant Affecting Land']

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Procedural Posture

Class 1 Development Appeal / Appeal Against Woollahra Council's Refusal of Development Application Da485/2012/1

Legal Issues

  1. 1 ['Whether SEPP 1 objections to the site frontage, floor space ratio, building height and foreshore building line development standards should be upheld.' 'Whether the proposed residential flat building was compatible with the locality and achieved the objectives of the relevant planning controls.' 'Whether the proposed bulk, scale, height and siting would adversely affect adjacent properties and the harbour foreshore context.' 'Whether landscaping was adequate to compensate for trees proposed to be removed.' 'Whether the development was contrary to a covenant applying to the land.']

Ratio Decidendi

Consent could not be granted because none of the applicant's SEPP 1 objections to the site frontage, floor space ratio, building height and foreshore building line development standards was upheld. The proposal failed to satisfy relevant objectives of the controls, particularly as to compatibility, bulk and scale, landscape setting, sunlight and daylight, and the 30m foreshore building line for residential flat buildings; therefore the preconditions to approval were not met.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Development Application DA485/2012/1 to demolish two adjacent dwelling houses at 83 and 83A Yarranabbe Road, Darling Point and construct a residential flat building containing 6 dwellings and underground parking, swimming pool, gym and associated site landscaping is refused consent.'...