Hurley v Sutherland Shire Council [2016] NSWLEC 1630

Hurley v Sutherland Shire Council [2016] NSWLEC 1630

There is no current DCP for land under LEP 2015—draft policy/DCP 2015 is not in force and should not be given significant weight except as context for s79C analysis. The proposed setback and design respond appropriately to site context, relevant objectives of LEP 2015, and achieve an urban design outcome that is acceptable in the circumstances. The front setback, elevation, and landscaping as proposed (with specified conditions) are appropriate for approval.

Parties
Applicant: Anja Hurley; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
23 December 2016
Procedural Posture
Development Appeal (class 1) / Final Merits Hearing, Post Conciliation
Outcome
Appeal upheld; development consent granted with conditions
Legal Topics
Development Applications, Development Control Plans, Local Environmental Plans, Streetscape and Setbacks, Draft Policies and Their Weight, Landscaping Requirements
Planning Law Environmental Law Local Government Law Development Applications Development Control Plans Local Environmental Plans Streetscape and Setbacks Draft Policies and Their Weight +1 more

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Parties

Anja Hurley

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Merits Hearing, Post Conciliation

Legal Issues

  1. 1 What weight should be applied to Sutherland Shire Council's Draft Policy/Development Control Plan 2015?
  2. 2 Whether the proposed front setback is appropriate under applicable controls and streetscape context
  3. 3 Whether the floor level, porch and steps are appropriate for the streetscape and privacy

Ratio Decidendi

There is no current DCP for land under LEP 2015—draft policy/DCP 2015 is not in force and should not be given significant weight except as context for s79C analysis. The proposed setback and design respond appropriately to site context, relevant objectives of LEP 2015, and achieve an urban design outcome that is acceptable in the circumstances. The front setback, elevation, and landscaping as proposed (with specified conditions) are appropriate for approval.

Court Disposition

Appeal upheld; development consent granted with conditions

Orders

  • The appeal is upheld.
  • Consent is granted to Development Application No. DA/16/0273 for demolition of an existing dwelling and construction of a new two storey brick veneer dwelling at Lot 225, DP 17295, 6 Second Avenue Jannali, subject to conditions in Annexure A and additional operational conditions as outlined in the judgment.