Crown Atlantis Joint Venture v Ryde City Council [2005] NSWLEC 54

Crown Atlantis Joint Venture v Ryde City Council [2005] NSWLEC 54

The proposal's bulk and scale, particularly above the building height plane, is excessive and inconsistent with the urban village, streetscape and human scale objectives of DCP 39. Strict application of controls is not necessary, but the extent of non-compliance is excessive and does not meet the intention of the development controls. Consent for the development should be refused.

Jurisdiction
Australia
Judgment Date
18 February 2005
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed; development application refused
Legal Topics
['development Control Plans' 'urban Village Character' 'bulk and Scale' 'streetscape' 'gateway Sites']
['planning Law' 'local Government Law'] ['development Control Plans' 'urban Village Character' 'bulk and Scale' 'streetscape' 'gateway Sites']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed development properly reflects the requirements of Development Control Plan No 39 (DCP 39) and whether its form and presentation, especially to Trelawney Street, would have excessive bulk and scale, considering the location at the gateway to the town centre and the existing scale and character of development']

Ratio Decidendi

The proposal's bulk and scale, particularly above the building height plane, is excessive and inconsistent with the urban village, streetscape and human scale objectives of DCP 39. Strict application of controls is not necessary, but the extent of non-compliance is excessive and does not meet the intention of the development controls. Consent for the development should be refused.

Court Disposition

appeal dismissed; development application refused

Orders

  • ['The appeal is dismissed.' 'Development Application No LDA 953/2003 for a mixed residential and commercial development at 7–9 Rutledge St., Eastwood is determined by the refusal of consent.' 'The exhibits are returned with the exception of the reduced scale plans marked Exhibit E']