Sanders v Burwood Council [2011] NSWLEC 1282

Sanders v Burwood Council [2011] NSWLEC 1282

The application fails as the design is found not compatible with the local area’s character under clause 54A(3) of the amended SEPP, with the new building being of equal size to the main, inconsistent with local built form rhythm, and lacking characteristic landscaping.

Parties
Applicant: Glen Sanders; Respondent: Burwood Council
Jurisdiction
Australia
Judgment Date
27 September 2011
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Boarding House, Character of Local Area, Heritage Conservation Area, Affordable Rental Housing, Planning Controls, Parking, Amenity, Waste Management, Public Interest
Planning and Environment Law Development Application Boarding House Character of Local Area Heritage Conservation Area Affordable Rental Housing Planning Controls Parking +3 more

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Parties

Glen Sanders

Applicant

Burwood Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the design of the proposed development is compatible with the character of the local area
  2. 2 Whether adequate car parking has been provided
  3. 3 Whether the application meets the council's planning controls

Ratio Decidendi

The application fails as the design is found not compatible with the local area’s character under clause 54A(3) of the amended SEPP, with the new building being of equal size to the main, inconsistent with local built form rhythm, and lacking characteristic landscaping.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development Application No 66/2011 for the conversion of an existing dwelling and the construction of a new building for use as a boarding house at No 42 Paisley Road, Croydon is refused consent.