Elias Melhem v Strathfield Municipal Council [2005] NSWLEC 348
The appeal is upheld because the proposed development is consistent with the emerging bulk and scale of new development in the locality; privacy concerns raised by the neighbouring resident were satisfactorily addressed by modifications agreed to by the parties.
- Parties
- Applicant: Elias Melhem; Respondent: Strathfield Municipal Council
- Jurisdiction
- Australia
- Judgment Date
- 29 June 2005
- Procedural Posture
- Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Final Judgment
- Outcome
- appeal upheld; development application approved subject to conditions
- Legal Topics
- Development Application, Consent Orders, New Dwelling House, Bulk and Scale, Privacy
Case Brief
Summary, issues, holding and outcome
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Parties
Elias Melhem
Applicant
Strathfield Municipal Council
Respondent
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Final Judgment
Legal Issues
- 1 Whether the proposed development satisfies relevant planning controls, including building envelope, materials, bulk and scale, and privacy impacts
Ratio Decidendi
The appeal is upheld because the proposed development is consistent with the emerging bulk and scale of new development in the locality; privacy concerns raised by the neighbouring resident were satisfactorily addressed by modifications agreed to by the parties.
Court Disposition
appeal upheld; development application approved subject to conditions
Orders
- The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.
- Development application No 0405-062 is approved subject to Conditions 1 to 80 in Annexure A.
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