APPEAL — development application — residential flat building — low and mid rise housing inner area — affordable housing — desired future character — public and private view impacts — heritage impact
Quick Take
1Under s 20(3)(b) of SEPP (Housing) 2021, the 'precinct' whose desired future character must be assessed includes not only land subject to the Low and Mid Rise Housing provisions but also adjacent land to which those provisions do not apply, such as C4 Environmental Living zones and heritage items, because those areas will continue to shape the precinct's character.
2Where the HSEPP LMR mapping does not provide a built-in transition (i.e. no LMR outer area adjoins the LMR inner area before a low-density zone), a development at the edge of the LMR inner area must be designed to provide an appropriate transition to neighbouring low-scale development, and numerical compliance with non-discretionary development standards does not establish compatibility with desired future character.
3The application of infill affordable housing bonus provisions (Ch 2 HSEPP) granting up to 30% additional height and FSR above LMR standards may exacerbate incompatibility with desired future character at sensitive interface locations, and the merit of such uplift must be assessed against site-specific constraints including views and heritage setting.
