Dem Gillespies v Warringah Council [2002] NSWLEC 224

Dem Gillespies v Warringah Council [2002] NSWLEC 224

The proposed development is not consistent with the desired future character described in the A2 Booralie Road Locality Statement, as required by clause 12(3)(b) of the Warringah Local Environmental Plan 2000; therefore, the Court has no power to grant development consent.

Jurisdiction
Australia
Judgment Date
26 November 2002
Procedural Posture
Appeal Against Refusal of Development Consent / Judgment
Outcome
Appeal dismissed; development consent refused.
Legal Topics
['development Application' 'local Environmental Plan' 'housing for Older Persons' 'consistency With Desired Future Character' 'planning Consent']
['planning and Environment'] ['development Application' 'local Environmental Plan' 'housing for Older Persons' 'consistency With Desired Future Character' 'planning Consent']

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Procedural Posture

Appeal Against Refusal of Development Consent / Judgment

Legal Issues

  1. 1 ['Whether the proposed development is consistent with the desired future character described in the A2 Booralie Road Locality Statement' 'Whether the proposed development constitutes overdevelopment including issues of building separation, streetscape and residential amenity' 'Consistency with general principles of development control under WLEP 2000' 'Compliance with Clause 50 (Safety and security) and Clause 66 (Building bulk)' 'Consideration of resident objections']

Ratio Decidendi

The proposed development is not consistent with the desired future character described in the A2 Booralie Road Locality Statement, as required by clause 12(3)(b) of the Warringah Local Environmental Plan 2000; therefore, the Court has no power to grant development consent.

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • ['Appeal be dismissed.' 'Development consent be refused.' 'Exhibit be returned.' 'No orders as to costs.']