APPEAL — development application — multi dwelling housing in mixed use zone — amenity of proposed dwellings — adequacy of solar access to private open space — whether dwellings have satisfactory amenity
Quick Take
1A minimum site frontage control applicable to residential zones is not a 'relevant design control' called up for residential development in a mixed use zone under a DCP that limits the applicable Part C controls to those that are 'relevant design controls'.
2Where private open space solar access falls short of DCP numerical standards and internal dwelling sizes are significantly below objective benchmarks such as the Low Rise Housing Diversity Design Guide and the Apartment Design Guide, the combined deficiencies may render the dwellings incapable of meeting an objective requiring a 'satisfactory standard of residential amenity', even where no single minimum dwelling size control strictly applies.
3An applicant's intention to use proposed dwellings for low-cost rental housing does not justify compromising amenity standards reasonably anticipated under the statutory planning framework, particularly where no enforceable condition secures that use.
