GLW Pty Ltd v Waverley Council [2011] NSWLEC 1153

GLW Pty Ltd v Waverley Council [2011] NSWLEC 1153

The proposed garage modification is inconsistent with planning controls and streetscape objectives of the DCP; garage dominates the streetscape; controls favour single garage widths, and the locality does not reflect double garage development; modification is not visually harmonious with other dwellings and should not be approved.

Parties
Applicant: GLW Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
15 April 2011
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Development Modification, Garage, Streetscape Impact, Planning Controls, Car Spaces Requirement
Planning and Environment Development Modification Garage Streetscape Impact Planning Controls Car Spaces Requirement

Case Brief

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Parties

GLW Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether widening the garage entrance will have an unacceptable impact on the streetscape
  2. 2 Whether the proposal is consistent with the relevant planning controls
  3. 3 Whether two car spaces are required for a four bedroom dwelling

Ratio Decidendi

The proposed garage modification is inconsistent with planning controls and streetscape objectives of the DCP; garage dominates the streetscape; controls favour single garage widths, and the locality does not reflect double garage development; modification is not visually harmonious with other dwellings and should not be approved.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Application 203/10A to modify development consent DA 203/2010 is refused.