Irving v Goulburn Mulwaree Council [2007] NSWLEC 671

Irving v Goulburn Mulwaree Council [2007] NSWLEC 671

The proposed development should be refused due to significant non-compliance with DCP 15 regarding the location of commercial and community facilities for the Mary's Mount release area; accepting the applicant's position would undermine the strategic approach of DCP 15, and the flexibility sought by the applicant is not supported by the planning framework, relevant legislation, or case law.

Jurisdiction
Australia
Judgment Date
16 October 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'subdivision' 'retail and Commercial Development' 'compliance With Development Control Plan' 'zoning' 'vehicular Access' 'streetscape' 'amenity Impacts']
['planning and Environment'] ['development Application' 'subdivision' 'retail and Commercial Development' 'compliance With Development Control Plan' 'zoning' 'vehicular Access' 'streetscape' 'amenity Impacts']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposal is appropriately located considering the zone objectives and the requirements in DCP 15' 'Whether the proposal provides satisfactory vehicular access' 'Whether the proposal provides a satisfactory streetscape appearance' 'Whether the proposal creates unsatisfactory amenity impacts in relation to noise, light spill and anti social behaviour']

Ratio Decidendi

The proposed development should be refused due to significant non-compliance with DCP 15 regarding the location of commercial and community facilities for the Mary's Mount release area; accepting the applicant's position would undermine the strategic approach of DCP 15, and the flexibility sought by the applicant is not supported by the planning framework, relevant legislation, or case law.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application 287/0607/DA for the subdivision and construction of a retail and commercial building and associated parking at 38 Gourock Avenue Goulburn is refused.' 'The exhibits are returned.']