Many local government decision-makers still struggle with understanding the relationship between the ‘deemed-to-comply’ provisions versus the ‘design principles’ in applying the Residential Design Codes (R-Codes) to development proposals. Altus Planning successfully sought the approval of a three storey dwelling in City Beach which the Town of Cambridge refused arguing that it was an overdevelopment due to the cumulative impact of a number of ‘variations’ to the deemed-to-comply provisions.
The Tribunal’s oral decision that was handed down on 5 October made clear that just because a proposal does not meet the deemed-to-comply provisions and therefore must be assessed against the design principles, this is not of itself a ‘variation’ to the R-Codes.
For more information, you are welcome to contact our Director, Joe Algeri, who was agent in this matter or Ben Laycock, Senior Planner who provided expert planning evidence.
