Janson v Waverley Council [2005] NSWLEC 429

Janson v Waverley Council [2005] NSWLEC 429

The appeal was upheld because, although the proposed hardstand parking space would add a further difference between the semi-detached dwellings, the existing pair already had significant visual differences while retaining sufficient integrity as a pair, and the proposal would be acceptable if additional conditions required a door treatment to avoid the perception of an open void, landscaping and softening measures, and a requirement that any parked vehicle not protrude beyond the front property line.

Jurisdiction
Australia
Judgment Date
21 July 2005
Procedural Posture
Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Review Pursuant to S 82 a of the Act / Extemporaneous Judgment at an on Site Hearing
Outcome
Appeal upheld; the condition requiring deletion of the hardstand parking space is to be deleted and additional conditions substituted.
Legal Topics
['development Consent' 'modification or Review of Consent Conditions' 'off Street Parking' 'streetscape and Visual Impact' 'development Control Plan Controls']
['planning and Environmental Law'] ['development Consent' 'modification or Review of Consent Conditions' 'off Street Parking' 'streetscape and Visual Impact' 'development Control Plan Controls']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Review Pursuant to S 82 a of the Act / Extemporaneous Judgment at an on Site Hearing

Legal Issues

  1. 1 ['Whether a condition requiring deletion of a proposed hardstand parking space from a development consent for alterations and additions to an existing dwelling should be deleted.' 'Whether the proposed hardstand parking space would unreasonably detract from the appearance and quality of the dwelling house or streetscape.' 'Whether the proposed hardstand parking space would erode the design integrity of a semi-detached pair in an unacceptable fashion.']

Ratio Decidendi

The appeal was upheld because, although the proposed hardstand parking space would add a further difference between the semi-detached dwellings, the existing pair already had significant visual differences while retaining sufficient integrity as a pair, and the proposal would be acceptable if additional conditions required a door treatment to avoid the perception of an open void, landscaping and softening measures, and a requirement that any parked vehicle not protrude beyond the front property line.

Court Disposition

Appeal upheld; the condition requiring deletion of the hardstand parking space is to be deleted and additional conditions substituted.

Orders

  • ["The applicant file and serve amended plans reflecting the required door treatment and the additional landscaping contained in Mr Rowan's report by Friday, 5 August." 'The respondent file and serve revised conditions of consent incorporating the matters dealt with in the decision, settled with the applicant, by 5...