The Court upheld the appeal and granted consent for demolition and construction of a new multi-storey dwelling on a foreshore site, accepting cl 4.6 variation requests for building height (25% exceedance), wall height, FSR (72% exceedance), and foreshore building line controls under MLEP 2012. Applying SJD DB2, the Court held that 'desired future character' is not defined or confined by the LEP or DCP, and can be ascertained by reference to the zone objectives, development standards (including their capacity for variation under cl 4.6), and existing and approved developments in the foreshore locality. The Court found that the objective in cl 4.3A encouraging two-storey buildings could not be upheld in this foreshore precinct given the predominance of multi-storey dwellings, Council's own cl 4.6 register of approved variations, and the Court's observations on the site view.
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