Danckert v Cessnock City Council [2012] NSWLEC 1123

Danckert v Cessnock City Council [2012] NSWLEC 1123

The proposed development is not consistent with the predominant existing character of the area or with the low density objective of the R2 zone under LEP 2011. Despite the savings clause allowing consideration under LEP 1989, the aims and objectives of the new instrument must be given considerable weight. The proposal, being of medium density and inconsistent with the sought character, would substantially undermine the planning objectives and must be refused.

Jurisdiction
Australia
Judgment Date
02 April 2012
Procedural Posture
Development Application Appeal / Judgment After Hearing
Outcome
Appeal dismissed. Development application refused.
Legal Topics
['development Application' 'consistency With Planning Objectives' 'draft Planning Instruments' 'character of Locality' 'low Density Residential Zoning']
['planning and Environment Law'] ['development Application' 'consistency With Planning Objectives' 'draft Planning Instruments' 'character of Locality' 'low Density Residential Zoning']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed development is contrary to strategic land use planning for the area under the new LEP 2011' 'Whether the proposal is inconsistent with the existing and desired future character for the streetscape and area' 'Whether the proposal achieves acceptable amenity through provision of open space, landscaping and solar access']

Ratio Decidendi

The proposed development is not consistent with the predominant existing character of the area or with the low density objective of the R2 zone under LEP 2011. Despite the savings clause allowing consideration under LEP 1989, the aims and objectives of the new instrument must be given considerable weight. The proposal, being of medium density and inconsistent with the sought character, would substantially undermine the planning objectives and must be refused.

Court Disposition

Appeal dismissed. Development application refused.

Orders

  • ['The appeal is dismissed.' 'The development application (DA8/2010/565/1) for the demolition of an existing dwelling and outbuildings and the erection of four (4) single storey two bedroom dwellings and a four (4) lot strata subdivision at 128 Congewai Street, Aberdare, is refused.' 'The exhibits, except Exhibit 1,...