Stock v Wingecarribee Shire Council [2021] NSWLEC 1066

Stock v Wingecarribee Shire Council [2021] NSWLEC 1066

The proposal meets the definition of a secondary dwelling under the LEP 2010, as it is a self-contained dwelling established in conjunction with a principal dwelling on the same lot, regardless of physical separation; however, the siting of the proposed secondary dwelling is inconsistent with the planning objective to maintain rural landscape character and would have an unacceptable adverse impact, warranting refusal of consent.

Jurisdiction
Australia
Judgment Date
16 February 2021
Procedural Posture
Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Final Judgment at Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'secondary Dwelling' 'land Use' 'rural Planning' 'environmental Impact' 'site Amenity']
['planning and Environment Law'] ['development Application' 'secondary Dwelling' 'land Use' 'rural Planning' 'environmental Impact' 'site Amenity']

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Procedural Posture

Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Final Judgment at Hearing

Legal Issues

  1. 1 ['Whether the proposed development is properly characterised as a secondary dwelling under the relevant planning instruments' 'Whether the siting of the proposed secondary dwelling would have an unacceptable impact on the rural landscape character of the area']

Ratio Decidendi

The proposal meets the definition of a secondary dwelling under the LEP 2010, as it is a self-contained dwelling established in conjunction with a principal dwelling on the same lot, regardless of physical separation; however, the siting of the proposed secondary dwelling is inconsistent with the planning objective to maintain rural landscape character and would have an unacceptable adverse impact, warranting refusal of consent.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application No. 20/0623 for the construction of a building described as a secondary dwelling at 506 Greenhills Road, Werai, is refused.' 'The exhibits, other than Exhibits 1, A and C, are returned.']