DEVELOPMENT APPEAL — residential flat building — infill affordable housing provisions — lot size — landscaping — floor space ratio — conciliation conference — agreement between the parties — orders
Quick Take
1Where a development standard in Ch 2 of the State Environmental Planning Policy (Housing) 2021, such as the 450m2 minimum site area in s 19(2)(a), has no express objectives of its own, a cl 4.6 request may assess the proposal against the Principles of the Policy in s 3. This approach was accepted by agreement, following Hughes v Northern Beaches Council [2023] NSWLEC 1350.
2The infill affordable housing bonuses for height and floor space ratio under s 16 of the Housing SEPP can be applied to a site below the 450m2 minimum site area. On the facts, cl 4.6 requests were accepted to justify the shortfall in site area, a 2.05% exceedance of the bonus floor space ratio, and non-compliance with the 30% landscaped area standard in s 19(2)(b).
3In a s 34 conciliation outcome, the Court must still be satisfied of jurisdictional prerequisites. These included the coastal use area requirements in s 2.11 of the Resilience and Hazards SEPP and the Foreshore Scenic Protection Area provisions in cl 6.7 of the Randwick LEP 2012. The Court accepted that design amendments reducing bulk, overshadowing and view loss satisfied them.
