Integrated Site Design Pty Ltd v Baulkham Hills S C & Dennis Gelle Pty Ltd v Baulkham Hills S C [2004] NSWLEC 346

Integrated Site Design Pty Ltd v Baulkham Hills S C & Dennis Gelle Pty Ltd v Baulkham Hills S C [2004] NSWLEC 346

The house development is refused due to unresolved issues regarding on-site sewage disposal non-compliance with buffer distances, scenic and setback requirements, and issues concerning the alienation and management of screen vegetation critical for approved adjacent developments. The application to modify the tourist facility consent is partly allowed: the addition of the pontoons and gangways, subject to conditions, better protects riparian vegetation and scenic values and does not substantially alter the approved development; the application for garages is refused as they would unacceptably increase flood risks and differ from the originally approved carspaces, contrary to the planning...

Jurisdiction
Australia
Judgment Date
09 July 2004
Procedural Posture
Class 1 Appeals / Judgment After Hearing
Outcome
Appeal 11291 of 2003 upheld in part (pontoons and gangways permitted, garages refused); Appeal 11290 of 2003 dismissed (house refused).
Legal Topics
['development Applications' 'flood Prone Land' 'on Site Sewage Management' 'visual Impact' 'local Environmental Plans' 'modification of Development Consents']
['planning Law' 'environmental Law'] ['development Applications' 'flood Prone Land' 'on Site Sewage Management' 'visual Impact' 'local Environmental Plans' 'modification of Development Consents']

Case Brief

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Procedural Posture

Class 1 Appeals / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed house development on Lot 1 DP 512490 complies with planning controls regarding flooding, scenic and environmental objectives, setbacks, and on-site sewage disposal.' 'Whether the s 96 modification to allow 5 pontoons and garages at the Ko Veda Ski Park is substantially the same development, and consistent with the planning objectives for the site, including flood risk, scenic protection, and riparian vegetation impacts.']

Ratio Decidendi

The house development is refused due to unresolved issues regarding on-site sewage disposal non-compliance with buffer distances, scenic and setback requirements, and issues concerning the alienation and management of screen vegetation critical for approved adjacent developments. The application to modify the tourist facility consent is partly allowed: the addition of the pontoons and gangways, subject to conditions, better protects riparian vegetation and scenic values and does not substantially alter the approved development; the application for garages is refused as they would unacceptably increase flood risks and differ from the originally approved carspaces, contrary to the planning...

Court Disposition

Appeal 11291 of 2003 upheld in part (pontoons and gangways permitted, garages refused); Appeal 11290 of 2003 dismissed (house refused).

Orders

  • ['Appeal No.11291 of 2003 upheld in part: Consent No. DA 2430/03/HE amended to permit 5 pontoons and associated gangways subject to conditions in Annexure A; garages refused.' 'Appeal No.11290 of 2003 dismissed: consent for house refused.' 'Exhibits returned to the parties except specified exhibits.']