The Environment, Resources and Development Commission heard an appeal from the developer, Scott Salisbury Homes.

The development, proposed for 19 Bridge Terrace, would have included 15 dwellings. An earlier plan for 24 homes was reviewed after it attracted 43 public representations.

Until last year the site was occupied by the former home of the late Cynthia Rymill "Ormiston".

Cynthia Rymill was a hardworking community worker in Victor Harbor and a wing of the South Coast District Hospital carries her name.

Ormiston was built in the 1920s and boasted fine timber and stone work.

Last November the council's Development Assessment Panel refused the development on the grounds that the scale, bulk and mass of the development were considered excessive and inconsistent with existing development in the area.

An amended plan, including increased setback, was approved by the council following a compulsory conference. It is this amended plan that was the subject of the appeal.

In handing down his judgement last month, Commissioner Brine agreed that the size of the development was "too great to satisfy the balance between encouraging new development and preserving the existing character of a zone or a locality".

"The proposed building appears to be too high, too bulky, of too great a scale and of too disparate an architectural character to contribute to cohesive development."

Commissioner Brine added that the minor changes to the proposal, made following the conference, would not make a substantial difference.

The court was told that the proposed building would have been "approximately five times the volume of existing buildings within the locality" and that it would appear "noticeably higher than its neighbours".

Commissioner Brine pointed out that the architectural character of the contemporary design of the building also contrasted markedly with the conventional suburban design of surrounding properties.

"I conclude that the bulk, height, scale and architectural character of the proposed building are not conducive to cohesive development and do not respect the scale and amenity of existing residential development," Commissioner Brine added.