Evri Group Pty Limited v Palerang Council [2009] NSWLEC 1181

Evri Group Pty Limited v Palerang Council [2009] NSWLEC 1181

The proposal did not merit consent because, although the zoning and controls permitted this type of development, the particular design exceeded the environmental capacity of a relatively narrow perimeter village lot, failed to satisfy the qualitative character and amenity controls, provided unsatisfactory private open space constrained by a drainage easement, and placed dwellings too close to the adjoining concrete batching plant, producing unacceptable environmental and amenity outcomes.

Jurisdiction
Australia
Judgment Date
05 June 2009
Procedural Posture
Development Appeal Against Refusal of a Development Application / Judgment After Hearing
Outcome
Appeal dismissed; development consent refused.
Legal Topics
['housing Development' 'consistency With Character of Area' 'residential Amenity' 'drainage and Water Management' 'landscape Impacts' 'zone Interface With Industrial Use' 'development Control Plans']
['planning and Environment Law' 'development Consent' 'land Use and Subdivision'] ['housing Development' 'consistency With Character of Area' 'residential Amenity' 'drainage and Water Management' 'landscape Impacts' 'zone Interface With Industrial Use' 'development Control Plans']

Case Brief

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Procedural Posture

Development Appeal Against Refusal of a Development Application / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed demolition, construction of 8 single-storey 3-bedroom townhouses and strata subdivision was consistent with the character of the area.' 'Whether the proposal constituted overdevelopment of the site resulting in poor internal amenity and unacceptable impacts on neighbouring amenity.' 'Whether the site was suitable having regard to drainage constraints, proximity to an adjoining concrete batching plant, and distance from village centre facilities.' 'Whether the proposal satisfied the objectives and controls of the Yarrowlumla Local Environmental Plan 2002 and the Yarrowlumla Development Control Plan – 2(v) Village Zone (DCP) 2005.']

Ratio Decidendi

The proposal did not merit consent because, although the zoning and controls permitted this type of development, the particular design exceeded the environmental capacity of a relatively narrow perimeter village lot, failed to satisfy the qualitative character and amenity controls, provided unsatisfactory private open space constrained by a drainage easement, and placed dwellings too close to the adjoining concrete batching plant, producing unacceptable environmental and amenity outcomes.

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • ['The appeal is dismissed.' 'Development consent to DA 2006/DEV-00024 for the demolition of the existing dwelling and construction of 8 dwellings at 124A Ellendon Street, Bungendore is refused.' 'The exhibits may be returned except 3, 4, A and J.']