Two residential developments have been approved by the NSW Land and Environment Court, as legal avenues prove to be a valuable option for developers looking to expedite planning timeframes.
In a case published late last week, the LEC upheld an appeal against a council refusal of a dual-tower Rockdale co-living project, an early precursor of the co-living trend gaining traction in Sydney.
The development application for the 568sq m site at 570 Princes Highway was submitted in 2022 to Bayside Council, proposing 79 units in a 12-storey tower.
The $30.6-million project was refused in September 2023, with the council criticising the lack of parking, the small lot size for the type of development, and arguing that the proposed development does not include a design compatible with the built form of the local area.
But a conciliation conference in December 2024 proved useful.
An amended project has now been agreed between the council and proponent 570 Princes Highway Pty Ltd, a vehicle of Knox Developments, according to ASIC documents.
The now-approved reworked CD Architects plan will include 65 rooms, and instead of a uniform 12-storey dual tower, the rear building has been reduced to six storeys and includes nine carparks.
Elsewhere, in the Hills Shire Council local government area an appeal over a two-building 68-unit project in Castle Hill has also been upheld.
Colmark Group’s project at 119-121 Showground Road and 11-13 Sexton Avenue was submitted in 2023, seeking consent for an eight-storey dual building containing 68 apartments.
It faced hurdles as it was in a transport corridor and it contravened building height standards in minor exceedances for lift overruns.
Despite initial council objections, the court ruled that the development proposed a high-density residential development in an accessible location, and conditionally approved the development.
The Land and Environment Court has offered another pathway for developers looking to expedite planning timeframes.
The concerns about council planning assessment times have led to the introduction of reforms including the Housing Delivery Authority, and the initiative has received considerable interest from developers held back by long approval processes with 11 residential projects totalling 6400 homes earmarked for fast-tracking.
