Australia, May 9 -- New South Wales Land and Environment Court issued text of the following judgement on April 9:

1. The applicant seeks development consent for construction and strata subdivision of a permissible (and otherwise numerically compliant) multi dwelling development on a site fronting Gunnamatta Bay in the Sutherland Shire, known as 12 and 12A Gunnamatta Road, Cronulla (site).

2. Having refused consent to the development application DA23/0450 (DA), the Council contends that the proposal's compliance with numerical controls under the Sutherland Shire Local Environmental Plan 2015 (SSLEP) and the Sutherland Shire Development Control Plan 2015 (SSDCP), of itself, does not lead to the granting of development consent. Council maintains the design of the development has ignored numerous narrative controls in the SSLEP and SSDCP, both containing relevant character statements for the site, which has resulted in a proposed development that is at odds with both the built form in the immediate vicinity and the desired neighbourhood character of the R2 Low Density Residential zone.

3. The applicant disagrees with the Council and maintains that there is no character statement for the site. To the extent that there are any relevant statements in the SSLEP or SSDCP, the applicant contends that such controls are generic only and referable to land zones rather than to this specific precinct. Further, the applicant maintains that the proposed development - respectful of the topography, the precinct and controls relevant to the zone - represents an appropriate response to the single dwelling character.

4. Accepting that the proposed development satisfies the relevant preconditions for approval, the central issue is the suitability of the proposed design for the site, both presently and having regard to the likely future character of the area in which the site is located.

Decision

5. After assessment and for the reasons that follow, I am satisfied that the form of the development appropriately responds to the planning framework and the residential environment in the immediate area of the site now and as anticipated. Accordingly, subject to the imposition of the conditions, I have determined to grant development consent to the DA. In forming that view I have had regard to the following facts which are not controversial.

Background Facts

6. The site is legally described as Lot 73 DP 1284905. It is primarily located within the R2 Low Density Residential zone with the rear portion in the W2 Recreational Waterways zone pursuant to the SSLEP. 'Muli dwelling housing', being the purpose for which DA proposes that the site be developed, is permissible with consent in the R2 zone

7. It is a battle-axe allotment, of irregular shape with a site area of 5,086m2 excluding the area below MHWM, and 5,560m2 inclusive. The Lot width is 41.825m at the western boundary of the main body of the site, 9.145m width at the eastern (rear) boundary fronting Gunnamatta Bay and 8.25m at the street boundary to Gunnamatta Road.

8. The land falls from the Gunnamatta Road boundary (RL 17.85m AHD) to the MHWM of Gunnamatta Bay (RL 1.50m AHD), a fall of approximately 16.35m over approximately 200m (to MHWM). The southern side of the main body of the site has a fall from the south-western corner of Lot 4 (RL 15.85 AHD) to the MHWM of Gunnamatta Bay (RL 1.50m AHD) of approximately 13.8m over approximately 141.5m (to MHWM).

9. Access to the site is via cross over from Gunnamatta Road and a 3.5m wide driveway with an approximately 4m wide landscaped strip to the south of the handle which contains 4 canopy trees.

10. The access driveway serves three properties. The dwelling on the northern side of the site known as No 10 Gunnamatta Road and the two dwellings on the development site known as Nos 12A and 12 Gunnamatta Road which will be demolished.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19618f409f4d0397bc43aa67)

Disclaimer: Curated by HT Syndication.