Randall v Ashfield Council [2012] NSWLEC 1287
With the agreed amendments, including reduction in floor level, roof pitch, and eaves, the proposed development complies with relevant height controls and achieves acceptable solar access. The two storey terraces are not precluded by planning controls and complement the streetscape.
- Parties
- Applicant: David Randall; Respondent: Ashfield Council
- Jurisdiction
- Australia
- Judgment Date
- 17 October 2012
- Procedural Posture
- Appeal / Judgment
- Outcome
- Conditional approval pending applicant’s choice to amend plans; final orders to be issued upon submission of amended plans and agreed conditions.
- Legal Topics
- Development Application, Height Control, Streetscape, Solar Access
Case Brief
Summary, issues, holding and outcome
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Parties
David Randall
Applicant
Ashfield Council
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the height of the terrace houses on Smith Street is acceptable
- 2 Whether the two storey form is consistent with the streetscape
- 3 Whether the level of solar access for the dwellings is adequate
Ratio Decidendi
With the agreed amendments, including reduction in floor level, roof pitch, and eaves, the proposed development complies with relevant height controls and achieves acceptable solar access. The two storey terraces are not precluded by planning controls and complement the streetscape.
Court Disposition
Conditional approval pending applicant’s choice to amend plans; final orders to be issued upon submission of amended plans and agreed conditions.
Orders
- Applicant to advise Court if plans will be amended by 22 October 2012.
- Applicant to file amended plans by 29 October 2012.
Full Case Text
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