Halstead, C and Fong, M v Wingecarribee Shire Council [2007] NSWLEC 167

Halstead, C and Fong, M v Wingecarribee Shire Council [2007] NSWLEC 167

Although the proposed garage projects forward of the main dwelling, it is sufficiently setback from the street and visual dominance can be mitigated by landscaping. The design responds to site constraints and is satisfactory in the streetscape; the application accords with relevant planning controls and should be approved subject to conditions.

Parties
Applicant: Clynton Halstead; Applicant: Margaret Fong; Respondent: Wingecarribee Shire Council
Jurisdiction
Australia
Judgment Date
28 March 2007
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Streetscape, Local Environmental Plans, Development Control Plans, Residential Development
Planning Law Environmental Law Development Application Streetscape Local Environmental Plans Development Control Plans Residential Development

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Parties

Clynton Halstead

Applicant

Margaret Fong

Applicant

Wingecarribee Shire Council

Respondent

Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether development consent should be granted to an application not complying with Council's Development Control Plan regarding garage location and streetscape dominance

Ratio Decidendi

Although the proposed garage projects forward of the main dwelling, it is sufficiently setback from the street and visual dominance can be mitigated by landscaping. The design responds to site constraints and is satisfactory in the streetscape; the application accords with relevant planning controls and should be approved subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.
  • Development application No LUA 06/1071 lodged with the respondent council on 4 October 2006 to erect a single-storey, four (4) bedroom, brick veneer dwelling house at Lot 10, Section 2, DP 792, being No 42 Biggera Street, Braemar, is approved subject to Conditions 1 to 31 in Annexure A.