Dan Properties Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1172

Dan Properties Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1172

The proposed egress does not provide safe and convenient access nor support the defined road hierarchy, as vehicles on Bates Drive would likely be required to slow down leading to an unacceptable level of risk and reduction in efficiency, thus failing the tests in the Development Control Plan.

Parties
Applicant: Dan Properties Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
14 April 2020
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Application, Vehicular Access, Road Hierarchy, Landscaping, Tree Loss
Planning and Environment Development Application Vehicular Access Road Hierarchy Landscaping Tree Loss

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Parties

Dan Properties Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed driveway exit onto Bates Drive provides safe and convenient access
  2. 2 Whether the proposal supports the defined road hierarchy per the Development Control Plan
  3. 3 Whether the loss of two high retention value trees is acceptable having regard to landscape character

Ratio Decidendi

The proposed egress does not provide safe and convenient access nor support the defined road hierarchy, as vehicles on Bates Drive would likely be required to slow down leading to an unacceptable level of risk and reduction in efficiency, thus failing the tests in the Development Control Plan.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development application DA 18/1002 for proposed alterations to Bates Drive for a driveway exit from parking level P4, and relocation of approved car wash on parking level P4 as part of the existing Kareela Village Shopping Centre at 1-13 Freya Street, Kareela is refused.