Carroll Properties Pty Ltd v North Sydney Council [2004] NSWLEC 42

Carroll Properties Pty Ltd v North Sydney Council [2004] NSWLEC 42

The proposal, as amended to retain and protect the Evergreen Alder and to provide an open car space at natural ground level behind a picket fence, would reduce landscaped area to 46.14% where 50% was required, but it would still meet the relevant objectives of cl 20 of the North Sydney Local Environmental Plan 2001. The car space would be largely unseen, would not adversely affect the quality of the streetscape sufficiently to warrant refusal, and the SEPP 1 objection should be upheld. There was therefore nothing sufficient to justify refusal of the proposal.

Jurisdiction
Australia
Judgment Date
30 January 2004
Procedural Posture
Class 1 Appeal Concerning Refusal of a Development Application / Ex Tempore Judgment After Hearing
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application Refusal' 'open Car Space in Front Setback' 'streetscape Impact' 'tree Preservation' 'landscaped Area Control' 'sepp 1 Objection']
['environmental Planning and Assessment' 'development Consent' 'local Government Planning Controls'] ['development Application Refusal' 'open Car Space in Front Setback' 'streetscape Impact' 'tree Preservation' 'landscaped Area Control' 'sepp 1 Objection']

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Procedural Posture

Class 1 Appeal Concerning Refusal of a Development Application / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposal is unacceptable having regard to its non-compliance with the landscape control contained in cl 20 of the North Sydney Local Environmental Plan.' "Whether the applicant's objection made under State Environmental Policy No. 1 Development Standards properly identifies and addresses the breach of cl 20." "Whether the applicant's SEPP 1 objection should be upheld." 'Whether the proposed carparking space would have a detrimental impact upon the character and appearance of the streetscape having regard to North Sydney Development Control Plan 2002.' 'Whether the proposed carparking space would have an unacceptable impact upon the Evergreen Alder located at the front of the premises.']

Ratio Decidendi

The proposal, as amended to retain and protect the Evergreen Alder and to provide an open car space at natural ground level behind a picket fence, would reduce landscaped area to 46.14% where 50% was required, but it would still meet the relevant objectives of cl 20 of the North Sydney Local Environmental Plan 2001. The car space would be largely unseen, would not adversely affect the quality of the streetscape sufficiently to warrant refusal, and the SEPP 1 objection should be upheld. There was therefore nothing sufficient to justify refusal of the proposal.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Consent is granted to an open car space at natural ground slope, and related new picket fence sliding gate, footpath crossing and other associated works at No. 50 Young Street, North Cremorne, in accordance with the plans in Exhibit C as amended by, and in accordance with the conditions in...