Dickson v Sydney City Council [2016] NSWLEC 1090

Dickson v Sydney City Council [2016] NSWLEC 1090

Because the proposed Exhibit C plans presented as a two storey building and, on the agreed expert evidence, did not reflect the DCP objective for laneway development to appear as a single storey building with rooms within the roof space, the applicant's proposed development should not be approved. However, the compromise Exhibit E plans met the objectives of the control despite exceeding the numerical roof pitch requirement, so it was appropriate to modify the consent to approve those plans with a condition requiring contrasting materials to give the upper level a roof-type character.

Jurisdiction
Australia
Judgment Date
15 March 2016
Procedural Posture
Class 1 Appeal Concerning Refusal of an Application to Review and Modify Development Consent / Hearing Following Unsuccessful Conciliation Under Section 34 AA of the Land and Environment Court Act 1979
Outcome
Appeal upheld; application to modify Development Consent No D/2014/1320 approved on the basis of the Exhibit E plans and additional condition.
Legal Topics
['development Application' 'amended Plans' 'development Control Plan Objectives' 'secondary and Laneway Dwellings' 'streetscape and Built Form']
['planning and Environment Law' 'development Consent'] ['development Application' 'amended Plans' 'development Control Plan Objectives' 'secondary and Laneway Dwellings' 'streetscape and Built Form']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Refusal of an Application to Review and Modify Development Consent / Hearing Following Unsuccessful Conciliation Under Section 34 AA of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proposed amended plans were consistent with the objectives of the Sydney Development Control Plan 2012 for secondary and laneway dwellings.' 'Whether the proposed design presented as a single storey structure with attic or as a two storey building incompatible with the laneway scale.' 'Whether the compromise plans should be approved despite not meeting the numerical roof pitch requirement.']

Ratio Decidendi

Because the proposed Exhibit C plans presented as a two storey building and, on the agreed expert evidence, did not reflect the DCP objective for laneway development to appear as a single storey building with rooms within the roof space, the applicant's proposed development should not be approved. However, the compromise Exhibit E plans met the objectives of the control despite exceeding the numerical roof pitch requirement, so it was appropriate to modify the consent to approve those plans with a condition requiring contrasting materials to give the upper level a roof-type character.

Court Disposition

Appeal upheld; application to modify Development Consent No D/2014/1320 approved on the basis of the Exhibit E plans and additional condition.

Orders

  • ['The appeal is upheld.' "The application lodged with Sydney Council to modify Development Consent No D/2014/1320 is approved by modifying condition 1(a) of that consent that relates to the approved plans and substituting the Exhibit E (Issue D) plans and adding a new condition, Condition 6A: DESIGN MODIFICATION The...