Hewett v Waverley Council [2015] NSWLEC 1297

Hewett v Waverley Council [2015] NSWLEC 1297

Although the development was permissible in the R3 zone, the proposal failed to satisfy the relevant DCP provisions for car parking, streetscape, visual impact and landscaping. It required removal of established vegetation and construction of a substantial ramp, turning area and hardstand parking forward of the building line, with inadequate screening from the footpath and adverse impacts on the public domain and streetscape. The benefits of on-site parking for the two properties did not outweigh those material impacts, and the proposal did not satisfy the Project Venture or Pafburn/Davies planning principles.

Jurisdiction
Australia
Judgment Date
09 July 2015
Procedural Posture
Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Principal Judgment After Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 Was Terminated and Hearing Held Forthwith
Outcome
Appeal dismissed and development application refused.
Legal Topics
['development Application Refusal' 'vehicular Access Ramp and Driveway in Road Reserve' 'hardstand Parking Forward of Building Line' 'streetscape and Visual Impact' 'tree Removal and Landscaping' 'development Control Plan Compliance' 'roads Act Approval']
['planning and Environment Law' 'development Control' 'local Government and Roads'] ['development Application Refusal' 'vehicular Access Ramp and Driveway in Road Reserve' 'hardstand Parking Forward of Building Line' 'streetscape and Visual Impact' 'tree Removal and Landscaping' 'development Control Plan Compliance' 'roads Act Approval']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Principal Judgment After Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 Was Terminated and Hearing Held Forthwith

Legal Issues

  1. 1 ['Whether the proposal would have an unacceptable impact on the streetscape.' 'Whether the proposal would provide an unacceptable landscape setting.' 'Whether the proposal would result in an unacceptable loss of trees.' 'Whether the proposal was an appropriate design and would result in unacceptable vehicular movements.' 'Whether the proposal was in the public interest.']

Ratio Decidendi

Although the development was permissible in the R3 zone, the proposal failed to satisfy the relevant DCP provisions for car parking, streetscape, visual impact and landscaping. It required removal of established vegetation and construction of a substantial ramp, turning area and hardstand parking forward of the building line, with inadequate screening from the footpath and adverse impacts on the public domain and streetscape. The benefits of on-site parking for the two properties did not outweigh those material impacts, and the proposal did not satisfy the Project Venture or Pafburn/Davies planning principles.

Court Disposition

Appeal dismissed and development application refused.

Orders

  • ['The appeal is dismissed.' 'The development application (DA-100/2014) for the construction of a vehicular access ramp/driveway within the road reserve of Dellview St, providing access to hardstand carspaces located in the front setback to 20 and 22 Dellview St, Tamarama, is refused.' 'The exhibits, except Exhibits...