Event and Time
Event Description
- Appeal against deemed refusal of Development Application DA-19-01136 for construction of residential flat buildings at 150 Guntawong Road, Riverstone.
- Proposal includes 100 residential units and 147 car parking spaces in a shared basement.
Application and Claims
- Applicant sought approval for a medium density development on a semi-rural site, compliant with zoning laws but requiring a variation for building height.
- Need to assess whether design quality principles were adhered to and if the potential impact on amenity was acceptable.
Judicial Decisions
- Appeal upheld; development application granted subject to conditions.
- Emphasis on compliance with planning controls other than the height variance, which was justified by the applicant’s request.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- The proposed development is consistent with urban planning objectives for medium density housing. - Justification for exceeding building height was valid based on environmental planning grounds.
- Council's Position:
- Initially raised concerns regarding design quality principles and amenity impacts. - Eventually concluded that concerns were resolved with the latest plans and agreed-upon conditions.
- Expert Evidence:
- Town planning, urban design, and engineering reports supported that the proposed amendments met planning requirements. - No public submissions against the development were received during the notification period.