APPEAL — development application — seniors housing — design response to site constraints and accessibility requirements — retention of significant trees — impacts on amenity of neighbouring property associated with elevated accessibility pathway — building setbacks
Quick Take
1An elevated accessibility ramp structure adjacent to a site boundary that cannot be adequately screened or landscaped may, on the facts, constitute an unacceptable amenity impact on neighbouring residents inconsistent with the design quality objectives in the Seniors Housing Design Guide and SEPP (Housing) 2021 Sch 8, notwithstanding that the structure is required for accessibility compliance.
2While the permissibility of seniors housing in an R2 zone must be given weight consistent with BGP Properties Pty Limited v Lake Macquarie City Council, that weight does not overcome a finding that the particular design does not result in acceptable environmental impacts; the assumption that permissible development will be approved in 'some form' does not mandate approval of a specific design where less intensive alternatives may exist.
3Building setbacks to neighbouring properties must be assessed not only against privacy and overshadowing but also against the broader design guidance in the Seniors Housing Design Guide concerning landscape curtilage and respect for existing amenity, particularly where the surrounding context is characterised by low-density development in a garden setting.
