Gordon Lawrenson v Waverley Council [2009] NSWLEC 1288

Gordon Lawrenson v Waverley Council [2009] NSWLEC 1288

Because the amended plans brought the proposed hardstand car space into compliance with the DCP minimum dimensions and relevant Australian Standard, overcame Council's concerns, and no objections had been made, there was no reason not to make the consent orders upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
26 August 2009
Procedural Posture
Class 1 Development Appeal / Consent Orders Following Amended Plans
Outcome
Appeal upheld; development consent granted by consent, subject to conditions, with costs payable by the Applicant to the Respondent.
Legal Topics
['development Application' 'consent Orders' 'hardstand Car Parking Space' 'development Control Plan Compliance' 'costs on Amended Plans']
['planning and Environment Law'] ['development Application' 'consent Orders' 'hardstand Car Parking Space' 'development Control Plan Compliance' 'costs on Amended Plans']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Consent Orders Following Amended Plans

Legal Issues

  1. 1 ["Whether consent orders should be made in an appeal against Waverley Council's refusal of DA 47/2008 for construction of a single hard stand car parking space." 'Whether the amended plans complied with relevant statutory provisions and addressed objections or concerns, including minimum dimensions, on-street parking, pedestrian safety and alterations to the semi-detached dwelling.']

Ratio Decidendi

Because the amended plans brought the proposed hardstand car space into compliance with the DCP minimum dimensions and relevant Australian Standard, overcame Council's concerns, and no objections had been made, there was no reason not to make the consent orders upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted by consent, subject to conditions, with costs payable by the Applicant to the Respondent.

Orders

  • ['Leave is granted to the Applicant to rely on the amended plans referred to in Condition 1 of Annexure A, filed on 26 August 2009.' 'The appeal is upheld.' 'Development consent is granted to DA 47/2009 for the construction of a hardstand car space including the demolition of an enclosed veranda, subject to the...