Blazevic v Holroyd City Council [2005] NSWLEC 47

Blazevic v Holroyd City Council [2005] NSWLEC 47

The Court approved the amended attached dual occupancy because, with the benefit of the Court appointed expert's evidence, the proposal would read as a large dwelling in the streetscape, provide appropriate amenity and solar access, retain the significant Brush Box tree, include integrated landscaping, and justify the departures from the rear boundary setback and minimum allotment size controls in the circumstances.

Jurisdiction
Australia
Judgment Date
07 February 2005
Procedural Posture
Appeal Against Refusal of a Development Application for an Attached Dual Occupancy / Ex Tempore Judgment Entering Consent Orders
Outcome
Appeal upheld by consent; development application approved subject to conditions; no order as to costs.
Legal Topics
['development Application' 'attached Dual Occupancy' 'streetscape' 'amenity of Proposed Dwellings' 'local Environmental Plan and Development Control Plan Compliance' 'consent Orders']
['planning and Environment Law'] ['development Application' 'attached Dual Occupancy' 'streetscape' 'amenity of Proposed Dwellings' 'local Environmental Plan and Development Control Plan Compliance' 'consent Orders']

Case Brief

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Procedural Posture

Appeal Against Refusal of a Development Application for an Attached Dual Occupancy / Ex Tempore Judgment Entering Consent Orders

Legal Issues

  1. 1 ['Whether the amended attached dual occupancy development at 27 Monash Street, Wentworthville should be approved despite departures from controls concerning minimum allotment size and rear boundary setback.' 'Whether the amended proposal was appropriate in terms of streetscape presentation, amenity, solar access, landscaping and retention of the existing Brush Box tree.']

Ratio Decidendi

The Court approved the amended attached dual occupancy because, with the benefit of the Court appointed expert's evidence, the proposal would read as a large dwelling in the streetscape, provide appropriate amenity and solar access, retain the significant Brush Box tree, include integrated landscaping, and justify the departures from the rear boundary setback and minimum allotment size controls in the circumstances.

Court Disposition

Appeal upheld by consent; development application approved subject to conditions; no order as to costs.

Orders

  • ['The appeal in respect of the property known as 27 Monash Street, Wentworthville, is upheld by consent.' "The development application for an attached dual occupancy submitted to Holroyd Council, and as amended and shown in Exhibit 'A' being the Issue E plans 24 November 2004 prepared by AWD Design together with the...