Developer granted approval to build nine Kirrawee townhouses

A court has overturned a decision to refuse a proposal for townhouses with affordable housing in Sydney’s south. Here’s why the developer came out on top.

A developer will build a two-storey housing development made up of nine dwellings with two units used as affordable housing, along with basement carparking, at 15 Clements Parade, Kirrawee. Picture: PH Plus Architects

Developers have been given the green light to demolish a house in Kirrawee to make way for nine two-storey townhouses.

But ratepayers will likely have to foot an $8000 court bill after Sutherland council lost its case over refusing to approve the development.

Tydruce Investments appealed Sutherland Shire Council’s refusal of the development application at 15 Clements Parade.

A decision in the Land and Environment Court was handed down on Tuesday giving the developer the green light to demolish existing structures on the site and build the townhouses.

The proposal is for a two-storey housing development made up of nine dwellings with two units used as affordable housing, along with basement carparking.

The council originally exhibited the plans last year and the application was refused in April because it was deemed “unacceptable” and failed to satisfy the affordable rental housing policy.

The decision was also based on landscaping, solar, stormwater and drainage issues.

The developer was given the green light to demolish existing structures on the site and construct the development. Picture: PH Plus Architects

The council also said the development was not “designed to strengthen, enhance or integrate into the existing character of the streetscape, contribute to the desired future character of the locality”, did not retain the natural environment nor minimised privacy intrusion.

The council also noted the proposal did not provide clothes-drying facilities, did not ensure visual privacy and had no visitor carparking spaces.

The developer went back to the drawing board and amended the proposal.

Tydruce Investments appealed the council’s refusal of the development application at 15 Clements Parade in the Land and Environment. Picture: Google Maps

There is now a reduction in the number of units from 10 to nine; an increase in the overall area of landscaping, reorientation of the rear units to provide greater access to sunlight, adjusted setbacks and ramps and privacy screens on the eastern boundary.

After the developer lodged the appeal, the parties met for a conciliation conference where an “in-principal agreement” was made for consent approval with conditions, including the Land and Environment Court upholding the appeal.

The council was ordered to pay the developer $8000 for the cost spent on preparing amended plans.

The court commissioner agreed to approve the development because the development was permissible in the zone, noted the height limit and floor space ratio were not exceeded, and met other requirements including drainage and stormwater management.

The commissioner said the parties had agreed the development “achieved a high-quality design” because it enhanced the existing character of the area, contributed to the desired future character of the area, improved the public domain and retained the natural environment.

The commissioner further accepted overshadowing and privacy was now minimised, the streetscape was improved, there was high quantity private open space for residents, and the buildings were considerate of adjourning properties through its size, bulk, height and scale.

The commissioner also noted the proposal provided “diverse and affordable forms of housing” and the design provided housing diversity to address the needs of the community, adding the development was compliant with affordable housing policies.

The parties agreed two of the dwellings would be used for affordable housing for a period of at least 10 years and a registered community housing provider would manage them.