On 19 December 2024, the NSW Land and Environment Court dismissed an appeal by Billyard Avenue Developments Pty Ltd regarding a proposed project at 21C Billyard Avenue and 10 Onslow Avenue, Elizabeth Bay. The project involved demolishing existing buildings and replacing them with two luxury residential buildings. Originally rejected by the Council of the City of Sydney, the case addressed critical issues around compliance with height controls, housing supply, and heritage area considerations.
Summary of the Proposed Development
The proposed development sought approval to demolish two existing buildings containing 28 apartments and replace them with two new residential flat buildings. The design featured a six-storey building fronting Onslow Avenue and a five-storey building on Billyard Avenue, connected via a basement structure. The project planned to provide 20 luxury apartments, including three two-bedroom, 16 three-bedroom, and one four-bedroom units. The basement was designed to accommodate 27 car parking spaces, along with bicycle parking, storage, and waste management facilities.
Additionally, the proposal included the removal of 16 existing trees to make way for new landscaping, with plans to plant 20 replacement trees. A communal rooftop space was proposed for the Billyard Avenue building, but it fell short of the required area for communal open space under the Apartment Design Guide (ADG).
Photomontage by Smart Design Studio
Breaches and Planning Challenges
The proposed development breached height controls outlined in the Sydney Local Environmental Plan 2012 (SLEP). The project sought to exceed the height limit by up to 2.98 metres. The developers argued that the breaches were minimal and necessitated by site topography. However, the court ruled that the non-compliance disrupted the site’s planning objectives.
Additionally, the project aimed to replace 28 existing apartments with 20 larger, luxury units. This proposal would have resulted in a net reduction of housing in a city facing a supply crisis. The court found this aspect inconsistent with the zoning objective to “provide for the housing needs of the community.”
The development also sparked heritage concerns, given the site’s location in the Elizabeth and Rushcutters Bay Conservation Area. The court reviewed evidence about the proposed buildings’ impact on the area’s historical character and view corridors.
View and Community Impact
The judgment considered the development’s effect on neighboring properties’ views. The court acknowledged that height breaches and bulk design elements created adverse impacts on view sharing. Residents raised concerns about overshadowing and the loss of visual privacy, which the court deemed significant.
Moreover, the proposed loss of affordable housing stock drew criticism from the council and community. The court stated that prioritizing luxury housing over diverse, affordable options failed to align with public interest.
Outcome
The court’s ruling confirmed the council’s initial refusal, emphasizing that development in sensitive areas must adhere to statutory controls and meet community housing needs. Commissioner Walsh stated that benefits such as improved design quality did not outweigh the breaches and negative community impacts.
This decision serves as a precedent in balancing urban development with housing affordability and heritage conservation in high-density areas like Elizabeth Bay.
For more information, search application number D/2023/727 on the City of Sydney Council’s website.
