Fuller Street Pty Ltd v Blacktown City Council

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

08/08/2022

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Urban Planning

REVIEW TYPE

Merits review

SUMMARY

DEVELOPMENT APPLICATIONS – two adjoining sites – a proposed boarding house on each site – do the proposed development exhibit design excellence – are the proposed developments compatible with the character of the locality – are the likely impacts of the proposed development on adjoining properties acceptable – is the amenity of the proposed boarding houses acceptable – appeals upheld.

“In relation to sub cl (vii) environmental impacts such as sustainable design, overshadowing, wind and reflectivity, and sub cl (viii) the achievement of the principles of ecologically sustainable development, the planning experts note their agreement that the proposed developments comply with the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. Further, they agree that the developments do not result in unacceptable overshadowing impacts and propose to use non reflective materials and colours, and will not adversely impact on wind speeds. Finally, they agree that the developments achieve the principles of ecologically sustainable development. (Exhibit 4) In contrast Ms Castellanos argues that the proposed developments are not exemplary of environmentally sustainable design as the open carpark and extent of hard surfaces do not contribute to water filtration or the reduction of greenhouse emissions. Further, she argues that the requirement for closed windows to achieve acoustic amenity or privacy sacrifices appropriate cross ventilation, a compromise which is in her view inappropriate without the inclusion of mechanical ventilation or air-conditioning in the proposed development.”

CASE DOCUMENTS

Fuller Street Pty Ltd v Blacktown City Council [2023] NSWLEC 1023