Pepperwood Ridge v Newcastle City Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

09/02/2009

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Energy efficiency

REVIEW TYPE

Merits review

SUMMARY

Pepperwood Ridge (applicant) was denied planning approval to build a senior’s living centre by the Newcastle City Council (respondent) and appealed the decision to the Land and Environment Court. The Council had originally made a decision to deny the planning permit on the basis that it did not comply with cl 33(b) of the State Environmental Planning Policy (Seniors’ Living) 2004 (‘SEPP SL’). This clause mandated north-facing windows for living and dining areas to reduce energy use. The court disagreed with the Council’s refusal of planning permission for a number of reasons. Firstly, the natural topography of the site was a mitigating factor in relation to the orientation of the windows, as the site naturally had a ‘more westerly aspect.’ Secondly, in excess of 70% of the planned developments windows were actually oriented in a northerly direction. As a result, the court felt that adequate regard had been given to the requirements in cl 33(b) of the SEPP SL and that the buildings had therefore been adequately designed for climate considerations.

CASE DOCUMENTS

Pepperwood Ridge v Newcastle City Council [2009] NSWLEC 1046