Flower & Samios Pty Limited v Shoalhaven City Council [2007] NSWLEC 372

Flower & Samios Pty Limited v Shoalhaven City Council [2007] NSWLEC 372

The Court found the proposal would have an adverse impact on neighbourhood character and amenity and that it failed to provide adequate, certain access to required services for residents as required under SEPP5. The development would not contribute to the existing rural character and identity of the area, lacked sufficient landscaped buffers, relied on insufficient and uncertain service arrangements, and presented unacceptable impacts on neighbour outlook and social structure. Consequently, the application failed the requirements of SEPP5 and local planning policies.

Jurisdiction
Australia
Judgment Date
22 June 2007
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['development Application' 'neighbourhood Character' 'access to Services' 'state Environmental Planning Policy No 5 (sepp5)' 'shoalhaven Local Environmental Plan 1985' 'social Impact' 'rural Land Use' 'amenity' 'seniors Housing']
['planning Law' 'environmental Law' 'administrative Law'] ['development Application' 'neighbourhood Character' 'access to Services' 'state Environmental Planning Policy No 5 (sepp5)' 'shoalhaven Local Environmental Plan 1985' 'social Impact' 'rural Land Use' 'amenity' 'seniors Housing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposal adequately contributes to the character, identity and neighbourhood amenity of the area' 'Whether the proposal provides adequate access to existing services and facilities' 'Whether the development complies with SEPP5 and local planning controls' 'Whether the loss of prime agricultural land is justified' 'Whether the proposal would result in adverse social or environmental impacts']

Ratio Decidendi

The Court found the proposal would have an adverse impact on neighbourhood character and amenity and that it failed to provide adequate, certain access to required services for residents as required under SEPP5. The development would not contribute to the existing rural character and identity of the area, lacked sufficient landscaped buffers, relied on insufficient and uncertain service arrangements, and presented unacceptable impacts on neighbour outlook and social structure. Consequently, the application failed the requirements of SEPP5 and local planning policies.

Court Disposition

appeal dismissed

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is dismissed.' 'Development application No 03/2924 to erect 226 dwellings (amended to 221) with support facilities for aged and disabled persons at Lot 203, DP 883494, Cambewarra is refused consent.' 'Specified exhibits to be returned as...