Tarnowski v Sutherland SC [2005] NSWLEC 543

Tarnowski v Sutherland SC [2005] NSWLEC 543

The subdivision and associated dwelling house proposal as amended can be accommodated on the subject land, achieves acceptable amenity impacts, complies with planning requirements, and is approved subject to conditions including deferred commencement and adherence to amended plans.

Parties
Applicant: Danuta Tarnowski; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
12 September 2005
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
Development Application, Subdivision, Dwelling House, Landscaping, Topography, Carparking, Overshadowing
Planning and Environment Development Application Subdivision Dwelling House Landscaping Topography Carparking Overshadowing

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Parties

Danuta Tarnowski

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the subdivision and dwelling house proposal complies with planning controls
  2. 2 Whether the impacts on amenity, drainage, stormwater, and neighbouring properties are acceptable

Ratio Decidendi

The subdivision and associated dwelling house proposal as amended can be accommodated on the subject land, achieves acceptable amenity impacts, complies with planning requirements, and is approved subject to conditions including deferred commencement and adherence to amended plans.

Court Disposition

Appeal upheld

Orders

  • The appeal in respect of 42 Higgerson Avenue, Engadine is upheld.
  • The development application as amended for subdivision and a second dwelling is approved subject to the conditions contained in annexure A.