Calibrate Australia v Armidale Dumaresq Council [2008] NSWLEC 1532

Calibrate Australia v Armidale Dumaresq Council [2008] NSWLEC 1532

The proposal for nine detached dual occupancies is generally consistent with the objectives of both the new and former planning regimes, including provision for housing diversity and maintenance of low density character; significant weight should be given to the current LEP and DCP; the developments, subject to modified conditions regarding landscaping, finishes, and one mirror-reversed design, are compatible with the intended character of the area and do not amount to an undesirable precedent; appeals are upheld with deferred commencement consent.

Jurisdiction
Australia
Judgment Date
24 December 2008
Procedural Posture
Appeal Under S 97 of Environmental Planning and Assessment Act 1979 / Judgment on Appeal Against Refusal of Development Applications
Outcome
Appeals upheld with deferred commencement consent and conditions.
Legal Topics
['development Application' 'dual Occupancy' 'zoning' 'local Environmental Plan' 'development Control Plan' 'residential Density' 'compatibility With Character of Area' 'precedent in Planning Decisions']
['planning and Environment Law'] ['development Application' 'dual Occupancy' 'zoning' 'local Environmental Plan' 'development Control Plan' 'residential Density' 'compatibility With Character of Area' 'precedent in Planning Decisions']

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Procedural Posture

Appeal Under S 97 of Environmental Planning and Assessment Act 1979 / Judgment on Appeal Against Refusal of Development Applications

Legal Issues

  1. 1 ['Whether the proposed nine dual occupancy developments are consistent with relevant planning controls and zoning objectives' 'What weight should be given to the new versus former planning instruments' 'Whether the development is compatible with established and future character of the area' 'Whether approval would set an undesirable planning precedent']

Ratio Decidendi

The proposal for nine detached dual occupancies is generally consistent with the objectives of both the new and former planning regimes, including provision for housing diversity and maintenance of low density character; significant weight should be given to the current LEP and DCP; the developments, subject to modified conditions regarding landscaping, finishes, and one mirror-reversed design, are compatible with the intended character of the area and do not amount to an undesirable precedent; appeals are upheld with deferred commencement consent.

Court Disposition

Appeals upheld with deferred commencement consent and conditions.

Orders

  • ['The appeals in respect of lots 1, 2, 3, 7, 9, 15, 70, 68, and 84 are upheld.' 'Development applications for the lots are granted deferred commencement consent with requirements for Council-approved landscape plans, schedules of colours/materials/finishes, and, for lot 68, a mirror image architectural plan.'...