SCHLOFFER and CITY OF BAYSWATER

In this case, Schloffer sought approval to amend the approved development on their property, located in Bayswater, by raising the finished floor levels of the basement, ground, upper, and roof deck floors. The City of Bayswater was the respondent, concerned with the impact of the proposed changes on the surrounding area. The dispute was adjudicated in the Land and Environment Court of New South Wales. The court had to determine whether the proposed changes were compatible with the approved development and if they adhered to the planning controls in place.

The primary legal issues were whether the proposed modifications to the building's height and floor levels complied with the approved development and planning controls, and if the changes would adversely affect the amenity of adjoining properties. The court had to assess the impact on views of significance, building bulk, and compatibility with the setting. The applicant argued that the changes were within the scope of the approved development and would not significantly affect neighbouring properties. The City of Bayswater contended that the modifications would result in a substantially higher building, contrary to the approved development and planning controls.

The court considered the evidence and submissions from both parties. It found that the proposed changes would result in a building that was significantly higher than the approved development, which was inconsistent with the planning controls. The court determined that the raised floor levels would impact the amenity of adjoining properties, particularly by affecting views of significance. The court concluded that the proposed modifications were not compatible with the approved development and planning controls. Consequently, the application was dismissed. The court's decision emphasised the importance of adhering to planning controls and the need to protect the amenity of adjoining properties.