Peric v Bayside Council [2021] NSWLEC 1128

Peric v Bayside Council [2021] NSWLEC 1128

The proposed Torrens title subdivision fails to comply with controls requiring similarity to prevailing subdivision pattern in lot width and area; thus, it cannot be approved as it is inconsistent with both the existing and desired character of the area required by the Botany Bay Development Control Plan 2013.

Parties
First Applicant: Djura Peric; Second Applicant: Vida Peric; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
15 March 2021
Procedural Posture
Development Appeal / Final Judgment
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Appeal, Subdivision, Character Assessment, Semi Detached Dwelling, Development Control Plan
Planning and Environment Law Development Appeal Subdivision Character Assessment Semi Detached Dwelling Development Control Plan

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Parties

Djura Peric

First Applicant

Vida Peric

Second Applicant

Bayside Council

Respondent

Procedural Posture

Development Appeal / Final Judgment

Legal Issues

  1. 1 Whether proposed subdivision is consistent with the existing and desired future character of the area
  2. 2 Whether proposed subdivision is consistent with the prevailing subdivision pattern
  3. 3 Interpretation of controls in Botany Bay Development Control Plan 2013

Ratio Decidendi

The proposed Torrens title subdivision fails to comply with controls requiring similarity to prevailing subdivision pattern in lot width and area; thus, it cannot be approved as it is inconsistent with both the existing and desired character of the area required by the Botany Bay Development Control Plan 2013.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development Application No 2020/28 seeking development consent for demolition, subdivision and construction at 192 Bay Street Pagewood is refused.