Ian Ross Constructions Pty Ltd V Blacktown City Council [1999] NSWLEC 235

Ian Ross Constructions Pty Ltd V Blacktown City Council [1999] NSWLEC 235

The proposed development's elongated two-storey built form, particularly the 51 m group of five dwellings, would be visually dominating, intrusive and out of character with the surrounding residential precinct of single detached dwellings. Together with the sevenfold increase in household density and cumulative DCP non-compliances indicating overdevelopment, the proposal would interfere with the amenity of the surrounding residential area and should be refused under the EP&A Act s 79C.

Jurisdiction
Australia
Judgment Date
11 October 1999
Procedural Posture
Appeal Pursuant to Environmental Planning and Assessment Act 1979 S 97 Against Deemed Refusal of a Development Application / Judgment After Hearing
Outcome
Appeal dismissed and development consent refused.
Legal Topics
['medium Density Housing' 'residential Amenity' 'development Control Plan Compliance' 'local Environmental Plan Zone Objectives' 'deemed Refusal Appeal']
['planning and Environment Law' 'development Consent' 'land Use Planning'] ['medium Density Housing' 'residential Amenity' 'development Control Plan Compliance' 'local Environmental Plan Zone Objectives' 'deemed Refusal Appeal']

Case Brief

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Procedural Posture

Appeal Pursuant to Environmental Planning and Assessment Act 1979 S 97 Against Deemed Refusal of a Development Application / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed seven townhouse medium density housing development was generally consistent with the Residential 2(a) zone objectives under Blacktown Local Environmental Plan 1988, especially objective (d).' 'Whether the proposed development would interfere with the amenity of the surrounding residential area.' 'Whether non-compliance with Blacktown Development Control Plan 1992 standards indicated overdevelopment of the site.' 'Whether drainage, tree removal and local resident objections justified refusal of development consent.' 'Whether development consent should be granted or refused under Environmental Planning and Assessment Act 1979 s 79C.']

Ratio Decidendi

The proposed development's elongated two-storey built form, particularly the 51 m group of five dwellings, would be visually dominating, intrusive and out of character with the surrounding residential precinct of single detached dwellings. Together with the sevenfold increase in household density and cumulative DCP non-compliances indicating overdevelopment, the proposal would interfere with the amenity of the surrounding residential area and should be refused under the EP&A Act s 79C.

Court Disposition

Appeal dismissed and development consent refused.

Orders

  • ['Appeal dismissed.' 'Development consent refused.' 'Exhibits be returned.' 'No order as to costs.']