Updated | Proposal for 16 townhouses on two blocks in quiet little nook at Jannali refused

Residents are elated at a court decision to refuse a townhouse development of 16 units on two blocks of land at Jannali.

The Land and Environment Court supported objections by residents and Sutherland Shire Council over the development application (DA) for 12 Stansell Avenue and 28A Wattle Road.

Excessive height was the main issue in the decision handed down by Commissioner C Horton.

More than 80 objections were lodged over the DA and nine residents gave evidence about loss of privacy and other issues at the commencement of the court hearing onsite.

One resident told how the development would overlook his family's rear yard which currently acts as a sanctuary for him and his family.

Resident Adam O'Farrell welcomed the court decision.

"As residents, we have come together and put in a lot of our own time to fight against this development," he said.

"It's a tricky and at times stressful process because, as residents, it feels like there's a lot of things working against you and very little you can do to control it with the way the laws are, but we are all extremely happy with the outcome announced by the Land and Environment Court."

The original DA was for 18 two and three-bedroom townhouses, with basement parking for 37 cars, but the number of dwellings was later reduced to 16.

The developer opted to go to court on the basis that the DA would be refused by the council.

Commissioner Horton said he could not form an opinion of satisfaction that the proposal was consistent with the objectives of the height control in the shire's planning rules.

"I consider the height exceedance contributes, in part, to large expanses of unbroken wall that are not consistent with a single dwelling character that is required to be held safe and not to be diminished by the cumulative impact of multi-dwelling housing according to the zone objectives," he said.

Update October 1, 2019

An application for a large townhouse development in a quiet little corner of Jannali will be fought out in court in October.

More than 80 objections were lodged when the development application (DA) for 12 Stansell Avenue and 28A Wattle Road was lodged.

The developer opted to take the matter directly to the Land and Environment Court on the basis of deemed refusal of the DA by the council.

A conciliation process in the court failed, and a hearing has been scheduled for October 17-18.

Eighteen two and three-bedroom townhouses, with basement parking for 37 cars, were proposed on two blocks, with one vehicle access point from Stansell Avenue, a narrow cul-de-sac.

The plans have since been revised, with the number of dwellings reduced to 16.

Resident Adam O'Farrell said this would still increase the number of homes in Stansell Avenue by 100 per cent, "which is plainly ridiculous".

Earlier story : February 26, 2019

Residents in a quiet little corner of Jannali are fighting to stop a "totally inappropriate" townhouse development.

Eighteen two and three-bedroom townhouses are proposed on two blocks, with one vehicle access point from a narrow cul-de-sac.

The 4,130 square metre site is not close to shops or a transport hub, where the higher density might be expected, but in a R2 low density housing zone 12-13 minutes' walk up a very steep hill to Jannali train station.

More than 80 objections were lodged when the development application (DA) for 12 Stansell Avenue and 28A Wattle Road was lodged last year.

One resident wrote, "Please save Jannali from becoming another over developed suburb with little regard for the additional services and infrastructure that these additional dwellings would require."

Another submission read: "It's bad enough that we have the eyesore of the brick pit at Kirrawee...let's keep our Jannali a beautiful sleepy little suburb."

Residents of Stansell Avenue and adjoining Dianthus Place commissioned a 50-page professional planning report, which they say highlights a large number of errors in the DA.

Following the strong protests, the developer moved on the grounds of "deemed refusal" of the DA to bypass Sutherland Shire Council and the local planning panel and head directly to the Land and Environment Court.

A court mediation process is set to start on March 4.

The proposed project, with an estimated construction cost of $6.3 million, would provide basement parking for 37 cars, all of which would enter and leave through the Stansell Avenue property.

"If this development proceeds, the number of dwellings in Stansell Avenue will increase from 14 to 31, or 125 per cent," said resident Adam O'Farrell.

"Stansell Avenue is a through road for Dianthus Place, another cul-de-sac and there are already traffic issues because there are about 10 houses in that street."

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