Drawtech Group Pty Limited v Rockdale City Council [2007] NSWLEC 835

Drawtech Group Pty Limited v Rockdale City Council [2007] NSWLEC 835

The appeal was upheld because the council supported the modifications, the provision of two visitor car spaces was a satisfactory response to Development Control Plan No. 34 and allowed vehicles to leave the site in a forward direction, there was no argument against extending the deferred commencement period, and the amendment to deferred commencement condition (v) made the condition consistent with the Court's earlier judgment of 3 July 2006.

Jurisdiction
Australia
Judgment Date
12 December 2007
Procedural Posture
Section 96 AA Application to Modify Development Consent for a Villa Development / Ex Tempore Judgment on Consent Orders
Outcome
Appeal upheld and consent amended as sought.
Legal Topics
['modification of Development Consent' 'deferred Commencement Conditions' 'car Parking' 'villa Development' 'consent Orders']
['planning and Environment Law'] ['modification of Development Consent' 'deferred Commencement Conditions' 'car Parking' 'villa Development' 'consent Orders']

Case Brief

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Procedural Posture

Section 96 AA Application to Modify Development Consent for a Villa Development / Ex Tempore Judgment on Consent Orders

Legal Issues

  1. 1 ['Whether the development consent should be modified to insert new condition 2A concerning visitor parking spaces.' 'Whether deferred commencement condition (v) should be modified by inserting the words "other than lot 6" after the reference to Strata Plan 65404.' 'Whether the period of the deferred commencement condition should be extended to expire on 31 January 2008.' 'Whether the proposed car parking arrangement providing two visitor spaces was satisfactory notwithstanding objections by the owners of Strata Plan 65404.']

Ratio Decidendi

The appeal was upheld because the council supported the modifications, the provision of two visitor car spaces was a satisfactory response to Development Control Plan No. 34 and allowed vehicles to leave the site in a forward direction, there was no argument against extending the deferred commencement period, and the amendment to deferred commencement condition (v) made the condition consistent with the Court's earlier judgment of 3 July 2006.

Court Disposition

Appeal upheld and consent amended as sought.

Orders

  • ['Insert new condition 2A: "Visitor parking spaces for the development and Strata Plan 65404 together be provided in accordance with the landscape plan prepared by TGS Landscape Architects dated 1 November 2007, drawing number 2007.1004 CC1-1 issue D."' 'Modify deferred commencement condition (v) by inserting the...