Moscaritolo and Anor v The Hills Shire Council [2013] NSWLEC 1014

Moscaritolo and Anor v The Hills Shire Council [2013] NSWLEC 1014

The proposed development is compatible with the character of the local area, presenting as two detached dwellings with a scale and design that harmonises with the streetscape, not warranting refusal based on compatibility. Conditions of consent adequately control development intensity without an additional restrictive covenant.

Parties
Applicant: Gino Moscaritolo; Applicant: Maria Moscaritolo; Respondent: The Hills Shire Council
Jurisdiction
Australia
Judgment Date
23 January 2013
Procedural Posture
Appeal / Final Determination
Outcome
Appeal upheld
Legal Topics
Development Application, Affordable Housing, Compatibility With Local Character
Planning and Environment Development Application Affordable Housing Compatibility With Local Character

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Parties

Gino Moscaritolo

Applicant

Maria Moscaritolo

Applicant

The Hills Shire Council

Respondent

Procedural Posture

Appeal / Final Determination

Legal Issues

  1. 1 Whether the design of the proposed development is compatible with the character of the local area

Ratio Decidendi

The proposed development is compatible with the character of the local area, presenting as two detached dwellings with a scale and design that harmonises with the streetscape, not warranting refusal based on compatibility. Conditions of consent adequately control development intensity without an additional restrictive covenant.

Court Disposition

Appeal upheld

Orders

  • Applicant is granted leave to rely on the amended plans tendered to the Court on 16 January 2013 subject to payment of agreed costs within 28 days of this Order.
  • Appeal is upheld.