Land and Environment Court
of New South Wales
CITATION: Vigor Master Pty Ltd v Warringah Shire Council [2008] NSWLEC 1128
This decision has been amended. Please see the end of the judgment for a list of the amendments.PARTIES: APPLICANT
RESPONDENT
Vigor Master Pty Ltd
Warringah Shire CouncilFILE NUMBER(S): 11212 of 2007 CORAM: Hussey C KEY ISSUES: Development Application :- for Self Storage Facility, consistent with Desired Future Character statement bulk and scale, noise, traffic, public interest LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Warringah Local Environmental Plan 2000
State Environmental Planning Policy No. 55 - Remediation of LandCASES CITED: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 DATES OF HEARING: 18,19 March 2008 EX TEMPORE JUDGMENT DATE: 20 March 2008 LEGAL REPRESENTATIVES: APPLICANT
Mr J Hones, solicitor
of Hones LA Hood LawyersRESPONDENT
Ms J Hewitt, solicitor
of Home Wilkinson Lowry
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESHussey C
20 March 2008
11212 of 2007 Vigor Master Pty Ltd v Warringah Shire Council
This decision was given extemporaneously. It has been revised and edited prior to publication.
Background.
1 Vigor Master has appealed against council's refusal of a development application for the construction of a 2-storey self storage facility at the corner of Linden Ave and Bundeleer St, Belrose North.
2 The issues identified in this matter concern:
- Whether the development is consistent with the Desired Future Character of Locality C8 - Belrose North statement.
- Unsatisfactory design elements.
- Noise amenity.
- Traffic impacts.
- Public interest.
The site.
3 The site is described as Lot 2506, DP 752038 and is situated on the western side of Linden Avenue, to which it has an 85.7m frontage and total area of 1.64 ha.
4 The site has a cross-fall away from the street of approximately 10m from the SE to the NE corner. Vegetation clearing has been undertaken on the land.
5 The surrounding area contains a mix of rural/residential dwellings, nurseries, schools and a quarry. A waste disposal area is located to the west of the subject property.
6 This proposal is for:
- The construction of a 2-storey precast concrete wall and steel roof building for use as a self storage facility.
- The building has a street elevation of approximately 28m, to which it has a 20m setback. The building depth is approximately 40m and it has a side boundary setback of 20m to the neighbouring property (Lot 2410).
- The height of the building is 7.2m and it has a pitched roof line.
- The total floor area of the building is 2208 square metres, which contains a total of 365 individuals storage spaces ranging in size from 1.2 square metres to 38.5 square metres.
- There is an internal loading dock, which is accessed via a roller door in the southern elevation, from the perimeter road.
- The perimeter road is in the order of 6.2m wide adjacent to the building and is of a one-way configuration.
- The development incorporates a 30000 litre rainwater tank to…
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- Case
- [2008] NSWLEC 1128
- Decision Date
CaseChat Overview and Summary
The court had to determine if the proposal complies with the DFC statement, which indicates that the locality should remain unchanged except in specific circumstances, and that any new development should be limited to detached style housing and low-intensity, low-impact uses. The applicant argued that the proposal was consistent with the DFC statement, while the council and residents considered that the residential form was the appropriate type of development for the locality. The court found that the proposal was not consistent with the DFC statement due to its bulk and scale, which would have significant visual impacts on the streetscape and not present as a low intensity use. The proposal was deemed to be more suitable for an industrial locality.
The court also considered the design features, traffic, and noise aspects of the proposal. The applicant argued that the design complied with the relevant controls and that the traffic generation and noise impact would be minimal. However, the court found that the proposal incorporated a substantial bulk and scale, which would have a significant impact on the locality. The court also found that the proposal would generate more traffic than anticipated by a low-density residential use in the rural/residential context.
The court concluded that the proposal did not demonstrate reasonable compliance with the provisions of cl 12 of the Local Environment Plan, which requires development to be consistent with the desired future character of the locality. The court found that the proposal was of excessive bulk and scale and did not represent a low impact, low intensity development, which is a major objective for future development in this locality.
The court dismissed the appeal and refused development consent for the self-storage facility at Lot 2506, DP 752038, Linden Ave/Bundaleer Street, Belrose. The exhibits may be returned except for 1, 3, and A.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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