Deller Homes v Sutherland [2004] NSWLEC 66

Deller Homes v Sutherland [2004] NSWLEC 66

The proposal's scale, orientation, streetscape impact, and adaptable housing provision are acceptable given compliance with the DCP and site-specific circumstances. The calculation of floor space under the LEP is unreasonable due to an acknowledged anomaly in the definition, so SEPP 1 objection is upheld. The proposal should be approved subject to conditions.

Jurisdiction
Australia
Judgment Date
05 March 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; development application approved with conditions.
Legal Topics
['development Application' 'floor Space Ratio' 'adaptable Housing' 'streetscape Impact']
['planning Law' 'environmental Law'] ['development Application' 'floor Space Ratio' 'adaptable Housing' 'streetscape Impact']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the design, orientation, and internal amenity of the proposal are acceptable' "Whether the proposal's impact on the privacy of the western adjoining property is acceptable" 'Whether the bulk, scale, and additional floor space of the proposal are justified and compliant' 'Whether the adaptable housing provisions have been satisfactorily addressed']

Ratio Decidendi

The proposal's scale, orientation, streetscape impact, and adaptable housing provision are acceptable given compliance with the DCP and site-specific circumstances. The calculation of floor space under the LEP is unreasonable due to an acknowledged anomaly in the definition, so SEPP 1 objection is upheld. The proposal should be approved subject to conditions.

Court Disposition

Appeal upheld; development application approved with conditions.

Orders

  • ['The appeal is upheld.' 'Development application to demolish the existing four dwellings and erect and subdivide under Strata title a development consisting of twelve townhouses on lots 2, 3, 4 and 5 DP 24110, known as 39-45 Manchester Road, North Gymea is determined by the granting of consent subject to the...