Denis Gelle Pty Ltd and Integrated Site Design Pty Ltd v Baulkham Hills Shire Council [2001] NSWLEC 229

Denis Gelle Pty Ltd and Integrated Site Design Pty Ltd v Baulkham Hills Shire Council [2001] NSWLEC 229

The 50 sites application was refused due to unacceptable visual impact as the proposed landscaping was unlikely to provide effective screening. The rock wall application was approved as its visual and environmental impact was not unacceptable, especially with vegetation screening. The condition 17 application was refused as its deletion would increase flood hazard for caravan sites on flood liable land.

Parties
Applicant: Denis Gelle Pty Ltd; Applicant: Integrated Site Design Pty Ltd; Respondent: Baulkham Hills Shire Council
Jurisdiction
Australia
Judgment Date
25 October 2001
Procedural Posture
Development Appeals / Final Determination
Outcome
Appeal No 11164 (50 sites application) dismissed; Appeal No 11163 (rock wall application) upheld; Appeal No 11162 (condition 17 application) dismissed.
Legal Topics
Development Application Appeal, Modification of Development Consent, Visual Impact Assessment, Flooding and Flood Hazard, Riparian Vegetation Impact, Total Catchment Management, Sewerage Treatment Systems
Environmental Law Planning Law Local Government Law Development Application Appeal Modification of Development Consent Visual Impact Assessment Flooding and Flood Hazard Riparian Vegetation Impact +2 more

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Parties

Denis Gelle Pty Ltd

Applicant

Integrated Site Design Pty Ltd

Applicant

Baulkham Hills Shire Council

Respondent

Procedural Posture

Development Appeals / Final Determination

Legal Issues

  1. 1 Whether the visual impact of 50 cabins is acceptable
  2. 2 Whether cabins are appropriate on flood liable land
  3. 3 Whether the flood hazard is acceptable

Ratio Decidendi

The 50 sites application was refused due to unacceptable visual impact as the proposed landscaping was unlikely to provide effective screening. The rock wall application was approved as its visual and environmental impact was not unacceptable, especially with vegetation screening. The condition 17 application was refused as its deletion would increase flood hazard for caravan sites on flood liable land.

Court Disposition

Appeal No 11164 (50 sites application) dismissed; Appeal No 11163 (rock wall application) upheld; Appeal No 11162 (condition 17 application) dismissed.

Orders

  • Appeal No 11164: Application for 50 short term sites for moveable dwellings on lot D DP 384298 refused.
  • Appeal No 11163: Application for construction of a rock wall along northern part of lot D DP 384298 granted with conditions (see annexure).