Event and Time
Event Description
- Case Title: Fyve Developments Pty Ltd v. Bayside Council
- Development Application (DA): DA-2022/416
- Location: 5-11 Flora Street, Arncliffe
- Date of Appeal Decision: April 2024
Application and Claims
- The Applicant (Fyve Developments Pty Ltd) sought consent for:
- Demolition of existing structures. - Construction of an eight-storey residential apartment building (initially proposing 54 units, later reduced to 50 units). - Associated works such as landscaping and basement parking.
- The application included a written request to vary the height of buildings development standard as per cl 4.6 of the Bayside Local Environmental Plan 2021 (BLEP) due to exceedance of the prescribed maximum height by approximately 0.655m.
Judicial Decisions
- The Court:
- Granted leave to amend the DA. - Ordered the Applicant to pay the Respondent’s costs due to changes made to the DA. - Upheld the written request to vary the height standard. - Upheld the appeal. - Granted development consent for the amended DA subject to specified conditions.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Justification for height exceedance based on technical requirements including National Construction Code standards. - Compatibility of the building with the existing streetscape and local context. - No adverse impacts on neighboring properties, particularly regarding views and privacy.
- Respondent's Arguments:
- Original concerns included building height exceedance, floor space ratio exceedance, inadequate car parking, and design issues related to the Apartment Design Guide (ADG). - The Respondent emphasized the need for adherence to development standards and environmental planning principles.