Written by The Apartment Design Guide (ADG) provides planning and design standards for apartments across New South Wales. The case of Construction Development Management Services Pty Ltd v City of Sydney [2023] NSWLEC 1620 saw the Court consider an appeal for a development application of a residential building in Sydney’s CBD. The case confirmed that the ADG is a performance-based guide emphasising qualitative design goals. Furthermore, the case also affirmed that apartments may be approved even if the exact quantitative design criteria is not adhered to.
Facts of the Case
The City of Sydney sought to refuse the development application as the proposed apartment buildings did not abide by the solar access regulations in the ADG. Part 4(a) of the ADG stipulates that at least 70% of apartments in one building must receive minimum 2 hours of sunlight between 9am and 3pm in mid-winter. The City of Sydney argued that no apartments in the proposed development would receive the required amount of sunlight, consequently, no apartments complied with the solar regulations of the ADG. The developers placed emphasis on the qualitative objectives of the ADG, arguing that every apartment in the proposed development would receive sunlight in the main living areas, thus, achieving the ADG’s objective of optimising sunlight in main living spaces.
Findings
The Court concluded that the proposed development did comply with the objectives of the solar regulations of the ADG and the application was therefore granted. This decision reinforced the notion that the ADG is in fact a qualitative and flexible guide and its quantitative and specific requirements may be disregarded so long as the main objectives are adhered to. This decision reinforces the principle that failure to exactly comply with the ADG does not necessarily mean the application will be refused.