Ridgecity Holdings Pty Ltd and City Of Albany

Ridgecity Holdings Pty Ltd sought a review of the City of Albany's refusal to approve a development application for a six-storey residential building within the Albany central business district. The crux of the dispute centred on the interpretation and application of the density coding of R160 and the building height requirements set forth in the Residential Design Codes. Ridgecity Holdings contended that the proposed building complied with these regulations and should be approved, while the City of Albany maintained that the development did not align with the desired height of buildings in the locality.

The legal issues before the court involved determining the appropriate interpretation of the "desired height" of buildings in the locality, identifying what constitutes the relevant locality for such a determination, and assessing the compatibility of the proposed building with the townscape and streetscape. Furthermore, the court had to consider whether a policy adopted in response to the application should be applied to determine the application itself. These issues required the court to balance the statutory requirements with the town planning policies and the character of the locality.

In its reasoning, the court examined the statutory framework and town planning policies, including the relevant provisions of the Planning and Development Act 2005. The court concluded that the proposed six-storey building did not align with the desired height of buildings in the locality, taking into account factors such as the compatibility with the townscape and streetscape. The court found that the locality for determining the desired height included not only the immediate vicinity of the proposed development but also the broader area where the character and scale of buildings are significant. Consequently, the court upheld the City of Albany's refusal of the development approval, dismissing Ridgecity Holdings' application for review.

As a result, the court confirmed the refusal of development approval. The application for review was dismissed, and the refusal of development approval by the City of Albany was upheld.