Farrugia v The Hills Shire Council [2021] NSWLEC 1259

Farrugia v The Hills Shire Council [2021] NSWLEC 1259

The appeal was dismissed because the Court was not satisfied that the proposal, as presented, aligned with maintaining the existing low density residential character of the area or adequately protected neighbour amenity. The proposed building platform was too tight in its relationship to the boundary with the adjoining property, and the suggested planting condition did not demonstrate a sufficiently disciplined and integrated response to preserve outlook to bushland while screening future building massing. Although the 18 m Gilbert Road setback control and the numerical building platform standard were not decisive barriers on the particular facts, the proposal failed on character and...

Jurisdiction
Australia
Judgment Date
19 May 2021
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Principal Judgment After Mandatory Conciliation Was Terminated and a Hearing Was Held Forthwith
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application Refusal' 'subdivision' 'infill Development' 'neighbour Amenity' 'visual Impact' 'building Setbacks' 'building Platform' 'low Density Residential Character']
['planning and Environment' 'development Control' 'local Government'] ['development Application Refusal' 'subdivision' 'infill Development' 'neighbour Amenity' 'visual Impact' 'building Setbacks' 'building Platform' 'low Density Residential Character']

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Principal Judgment After Mandatory Conciliation Was Terminated and a Hearing Was Held Forthwith

Legal Issues

  1. 1 ['Whether the proposed building platform on proposed Lot 1 should comply with the 18 m Gilbert Road setback control in The Hills Local Development Control Plan 2012.' 'Whether the proposed subdivision and building platform were compatible with the existing low density residential character of the area, including restricted development area controls and building platform requirements.' 'Whether the proposed development would cause unacceptable neighbour amenity impacts, particularly visual impact and loss of outlook from 2A Craigton Place or 2A Glenshee Place.']

Ratio Decidendi

The appeal was dismissed because the Court was not satisfied that the proposal, as presented, aligned with maintaining the existing low density residential character of the area or adequately protected neighbour amenity. The proposed building platform was too tight in its relationship to the boundary with the adjoining property, and the suggested planting condition did not demonstrate a sufficiently disciplined and integrated response to preserve outlook to bushland while screening future building massing. Although the 18 m Gilbert Road setback control and the numerical building platform standard were not decisive barriers on the particular facts, the proposal failed on character and...

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application No. DA 794/2020/ZA for subdivision creating two residential lots including demolition at Lot 6002 DP 817992 (known as 4 Craigton Place and 122 Gilbert Road Glenhaven) is refused.' 'The exhibits are returned with the exception of Exhibits 2 and A-K.']