Verbunt v Albury City Council [2006] NSWLEC 515

Verbunt v Albury City Council [2006] NSWLEC 515

Consent was refused because the proposed four-dwelling medium density development on an internal lot served by a long battleaxe handle was incompatible with, and antipathetic to, the established residential character of the area, particularly John Court, and the site was unsuitable for that form of development. Numerical compliance with many DCP controls did not overcome the adverse character, amenity and site-suitability considerations under s 79C(1)(b) and (c).

Jurisdiction
Australia
Judgment Date
27 July 2006
Procedural Posture
Development Application Appeal Concerning Subdivision, Four Single Storey Dwellings and Modification of a Previous Consent / Extempore Judgment After Hearing
Outcome
Appeal refused; development application and s 96 modification application refused.
Legal Topics
['development Application' 'medium Density Housing' 'subdivision' 'battleaxe Allotment' 'character and Amenity' 'suitability of Site' 'modification of Consent']
['planning and Environment' 'development Control' 'residential Development'] ['development Application' 'medium Density Housing' 'subdivision' 'battleaxe Allotment' 'character and Amenity' 'suitability of Site' 'modification of Consent']

Case Brief

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Procedural Posture

Development Application Appeal Concerning Subdivision, Four Single Storey Dwellings and Modification of a Previous Consent / Extempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether consent should be granted for subdivision of the land and erection of four single-storey dwellings on an internal lot accessed by a long battleaxe handle.' 'Whether the proposed medium density housing was compatible with the character and amenity of the surrounding residential area, particularly John Court.' 'Whether the site was suitable for the proposed development having regard to the Albury Local Environmental Plan 2000, the development control plan and s 79C(1)(b) and (c).' 'Whether the s 96 application to delete condition L of the 1997 consent should be approved.']

Ratio Decidendi

Consent was refused because the proposed four-dwelling medium density development on an internal lot served by a long battleaxe handle was incompatible with, and antipathetic to, the established residential character of the area, particularly John Court, and the site was unsuitable for that form of development. Numerical compliance with many DCP controls did not overcome the adverse character, amenity and site-suitability considerations under s 79C(1)(b) and (c).

Court Disposition

Appeal refused; development application and s 96 modification application refused.

Orders

  • ['The appeal in respect of the land located at the rear of No. 15 John Court and with an access handle adjoining 474 Regina Avenue, North Albury, is refused.' 'The development application submitted to Albury City Council and as amended for subdivision of the land and the erection of 4 single storey dwellings is...