The height and scale of buildings is a key consideration in the design and assessment of most development. It can be particularly contentious in character areas.
In Grocke v City of Prospect [2022], the ERD Court recently considered whether a conventionally designed two-storey dwelling was appropriate in a Policy Area (now in the Character Area Overlay) which primarily sought single-storey dwellings, but where the Development Plan also states “buildings of up to two-storeys in height are appropriate”.
The developer argued that the presence of two and three storey dwellings situated nearby, some contemporary in design, leant substantial support to the proposal.
We supported Council’s refusal of the proposal because we thought it was inconsistent with the established character of the locality. While there are a limited number of two storey dwellings of conventional design or with rooms in the roof/dormer windows nearby, the established character is dominated by single storey dwellings.
Commissioner Nolan affirmed Council’s decision stating:
…In concluding as I have that dwellings within the locality are predominantly single storey in both form and scale, I have not overlooked the existence of those dwellings containing a second level within the roof space… In ‘disguising’ the second floor level within a roof space, (or by placing any second level behind the dwelling) these dwellings have maintained the “single storey building scale and vertical proportions ie total height above natural ground level and height of eaves, consistent with residential design forms typical of the area”, as sought by DCS(a)…
The acknowledgment by the DCS that “Buildings up to two storeys in height are appropriate” is, in the context of the other desired outcomes, a reference to overall building height and not to building form or scale. That is, dependent upon its design and siting (as sought by the other statements of desired character), a building of two storeys in height may satisfy the intent of the policy area, as indeed may an addition including a two-storey element…
Whilst I acknowledge it shares some visual relationship with the contemporary dwellings [nearby], it is not this relationship that the Development Plan seeks to reinforce…
Although this ruling was for an application under the former planning system, it provides guidance on how to identify the predominant character of an area.
It also reinforces that building “height” and building “scale” do not necessarily mean the same thing – it is possible for two-storey buildings to be designed to have a single-storey “scale”. This is an important planning principle.
