Akinci & Anor v Wollondilly SC [2006] NSWLEC 724

Akinci & Anor v Wollondilly SC [2006] NSWLEC 724

The amended single storey proposal complies with or appropriately varies the planning controls and DCP objectives concerning character, setbacks, and amenity; the minor site area shortfall is permissible; the proposal does not amount to overdevelopment and does not set an inappropriate precedent. Conditional consent is warranted.

Parties
Applicant: Huriye Akinci; Applicant: Erhan Akinci; Respondent: Wollondilly Shire Council
Jurisdiction
Australia
Judgment Date
11 November 2006
Procedural Posture
Appeal / Hearing and Judgment
Outcome
Appeal upheld; development consent granted with conditions.
Legal Topics
Development Application, Multi Unit Housing, Setbacks, Streetscape Character, Overdevelopment, Impacts on Neighbours
Planning and Environment Law Development Application Multi Unit Housing Setbacks Streetscape Character Overdevelopment Impacts on Neighbours

Case Brief

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Parties

Huriye Akinci

Applicant

Erhan Akinci

Applicant

Wollondilly Shire Council

Respondent

Procedural Posture

Appeal / Hearing and Judgment

Legal Issues

  1. 1 Whether the proposed development is consistent with the objectives of the 2(a) Residential zone under the Wollondilly LEP 1991
  2. 2 Whether variations to development standards (setbacks, site area) are permitted under the Wollondilly Development Control Plan No. 50
  3. 3 Whether the development would be overdevelopment, impact neighbour amenity, or set an unwarranted precedent

Ratio Decidendi

The amended single storey proposal complies with or appropriately varies the planning controls and DCP objectives concerning character, setbacks, and amenity; the minor site area shortfall is permissible; the proposal does not amount to overdevelopment and does not set an inappropriate precedent. Conditional consent is warranted.

Court Disposition

Appeal upheld; development consent granted with conditions.

Orders

  • The appeal is upheld.
  • Development consent is granted to DA 476/05 for alterations and extension to an existing dwelling at 2 Abelia Street, Tahmoor for the construction of a multi unit dwelling, subject to conditions in Annexure 'A'.