Grinberg v Byron Shire Council [2007] NSWLEC 746

Grinberg v Byron Shire Council [2007] NSWLEC 746

The proposal is not compatible in character with local development, does not promote a low density residential character, and is not consistent with the character and amenity of the locality as required by Byron Development Control Plan 2002. The proposed dwelling's bulk, scale and siting relative to the existing dwelling lead to unacceptable impacts under the planning controls.

Parties
Applicant: Bernard Grinberg; Respondent: Byron Shire Council
Jurisdiction
Australia
Judgment Date
20 November 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Dual Occupancy, Residential Development, Local Planning Controls, Amenity Impact
Planning and Environment Development Application Dual Occupancy Residential Development Local Planning Controls Amenity Impact

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Parties

Bernard Grinberg

Applicant

Byron Shire Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed development has an unacceptable impact on the character of the area
  2. 2 Whether the proposed development creates unacceptable amenity impacts on adjoining properties
  3. 3 Whether the proposed development provides adequate parking for the existing dwelling

Ratio Decidendi

The proposal is not compatible in character with local development, does not promote a low density residential character, and is not consistent with the character and amenity of the locality as required by Byron Development Control Plan 2002. The proposed dwelling's bulk, scale and siting relative to the existing dwelling lead to unacceptable impacts under the planning controls.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development Application DA 10.2007.63.1 for the erection of a new dwelling to create a detached dual occupancy development at 89 Wordsworth Street Byron Bay is refused.