APPEAL — development application — residential flat building — transport oriented development — uplift in density and floor space ratio standards associated with affordable housing provision — compliance with development standards — interpreting varying aims of State Environmental Planning Policy (Housing) 2021 — interpreting circumstances where ADG prevails over local development control plan — design response to deep soil and side setback controls under development control plan — visual impact — character compatibility — balancing impacts and benefits
Quick Take
1Under SEPP Housing 2021, the ADG prevails over local development control plans only with respect to the specific matters nominated in s 149 (visual privacy, solar access, apartment size, ceiling heights, etc.); for matters not so nominated — including deep soil zones, landscaping and side setbacks — local DCP provisions remain a relevant consideration under s 4.15(1)(a)(iii) of the EPA Act.
2Compliance with non-discretionary development standards for building height, FSR and landscaped area under SEPP Housing does not preclude refusal where the design fails to adequately respond to local context, neighbourhood character and the design quality principles in Schedule 9, which represent a distinct 'design' theme within the same instrument.
3Where a precinct is undergoing transition, the mandatory consideration under s 20(3) of SEPP Housing of compatibility with desired future character requires assessment of the full suite of applicable controls — including local DCP setback and deep soil provisions — not merely the height and density standards, particularly where the streetscape context is distinctive and visually sensitive.
