Codling v Willoughby City Council [2005] NSWLEC 689

Codling v Willoughby City Council [2005] NSWLEC 689

The proposed subdivision and development are inconsistent with the relevant specific zone objective of accommodating a variety of medium density housing compatible with the surrounding area, as the proposal does not achieve medium density, impedes attainment of zone objectives, and is contrary to the provisions and framework set out in the LEP and DCP 15.

Parties
Applicant: J W Codling; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
30 November 2005
Procedural Posture
Development Application Appeal / Judgment After Appeal Hearing
Outcome
Appeal allowed in part; subdivision refused, alterations and additions to existing dwelling approved subject to conditions
Legal Topics
Development Application, Subdivision, Consistency With Zone Objectives, Medium Density Housing, Residential Zoning, Development Control Plan
Planning Law Environmental Law Development Application Subdivision Consistency With Zone Objectives Medium Density Housing Residential Zoning Development Control Plan

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Parties

J W Codling

Applicant

Willoughby City Council

Respondent

Procedural Posture

Development Application Appeal / Judgment After Appeal Hearing

Legal Issues

  1. 1 Whether the proposed subdivision and development is consistent with the specific objectives of Zone 2(c) under the Willoughby Local Environmental Plan 1995
  2. 2 Whether the proposal can be characterised as medium density development
  3. 3 Whether the proposal is contrary to Development Control Plan No 15

Ratio Decidendi

The proposed subdivision and development are inconsistent with the relevant specific zone objective of accommodating a variety of medium density housing compatible with the surrounding area, as the proposal does not achieve medium density, impedes attainment of zone objectives, and is contrary to the provisions and framework set out in the LEP and DCP 15.

Court Disposition

Appeal allowed in part; subdivision refused, alterations and additions to existing dwelling approved subject to conditions

Orders

  • The appeal is upheld to a limited extent;
  • Development Application 2005/576 for subdivision into two allotments and alterations/additions to the existing semi-detached dwelling is determined by granting consent only to alterations and additions to the existing semi-detached dwelling (excluding front car parking space), subject to conditions to be settled...