Event and Time
Event Description
A Class 1 Development Appeal was initiated regarding the refusal of Development Application No. DA/2022/455/1 for the construction of four residential flat buildings comprising 97 units at 11 Ingleburn Road, Leppington, NSW. The appeal included a request for a height variation under s 4.6 of the Environmental Planning and Assessment Act 1979.
Application and Claims
- Applicant: Submitted an amended development application after discussions with the parties and expert joint conferencing.
- Respondent: Initially refused the application due to compliance issues with height limits as stated in the State Environmental Planning Policy (Precincts – Western Parklands City) 2021.
- Claims: The Applicant claimed that the requested height variations would achieve compliance with the height objectives and serve the public interest, justifying the request under s 4.6 of the EPA Act.
Judicial Decisions
The Court upheld the appeal, allowed the height variation, and granted development consent subject to conditions agreed upon by both the Applicant and Respondent. The costs incurred by the Respondents due to unnecessary delays were also awarded to them, totalling $22,000.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Argument:
- Requested a height variation under s 4.6 justified by achieving design quality and the public interest. - Provided various assessments (e.g., ecological, geotechnical) indicating the development's suitability. - Claimed compliance with development density requirements of 88.4 dwellings per hectare, exceeding the minimum.
- Respondent's Argument:
- Initially refused the application on the grounds of exceeding specified height limits (12m). - Contested the justification for the height variation in terms of design quality and public interest.