Deancliff Developments Pty Limited v Hornsby Shire Council and Ors [2004] NSWLEC 490

Deancliff Developments Pty Limited v Hornsby Shire Council and Ors [2004] NSWLEC 490

The appeal was dismissed because the proposed two-lot development would not comply with the urban design outcomes of the Orara Street Precinct Masterplan and the DCP. The Court gave significant weight to the DCP and found that a larger amalgamation, particularly 20-28 Orara Street, was more likely to equitably distribute both dwelling yield and locational advantages, secure the village green, maintain the intended built form of building D2, reduce vehicle access impacts, and improve landscaping. The landscaping impacts under SEPP 65 were also found unacceptable and supported refusal.

Jurisdiction
Australia
Judgment Date
03 September 2004
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No 1805/03 / Judgment Following Hearing; Appeal Dismissed
Outcome
Applicant's appeal dismissed; development application refused.
Legal Topics
['development Application for Multi Unit Housing' 'high Density Residential Development' 'development Control Plan' 'site Amalgamation' 'equitable Distribution of Development Potential' 'village Green and Public Open Space' 'sepp 65 Design Quality' 'landscaping' 'floor Space Ratio']
['environmental Planning and Assessment' 'development Control' 'land Use Planning'] ['development Application for Multi Unit Housing' 'high Density Residential Development' 'development Control Plan' 'site Amalgamation' 'equitable Distribution of Development Potential' 'village Green and Public Open Space' 'sepp 65 Design Quality' 'landscaping' 'floor Space Ratio']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No 1805/03 / Judgment Following Hearing; Appeal Dismissed

Legal Issues

  1. 1 ['Whether consent should be granted having regard to cl 14(4A) of Hornsby Shire Local Environmental Plan 1994 and the Site Amalgamation element of the High Density Multi-Unit Housing Development Control Plan.' 'Whether the proposal complied with the urban design outcomes of the Orara Street Precinct Masterplan, including equitable distribution of development potential and the built form for building D2.' 'Whether the proposed development was consistent with State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development in relation to landscaping.' 'Whether the proposed dedication of land for the village green and public open space was sufficient.']

Ratio Decidendi

The appeal was dismissed because the proposed two-lot development would not comply with the urban design outcomes of the Orara Street Precinct Masterplan and the DCP. The Court gave significant weight to the DCP and found that a larger amalgamation, particularly 20-28 Orara Street, was more likely to equitably distribute both dwelling yield and locational advantages, secure the village green, maintain the intended built form of building D2, reduce vehicle access impacts, and improve landscaping. The landscaping impacts under SEPP 65 were also found unacceptable and supported refusal.

Court Disposition

Applicant's appeal dismissed; development application refused.

Orders

  • ["The Applicant's appeal is dismissed." 'The exhibits are to be returned.']