Doolan v Strathfield Municipal Council [2014] NSWLEC 1212

Doolan v Strathfield Municipal Council [2014] NSWLEC 1212

Weight was given to the Planning Proposal, but the proposal did not substantially undermine the future planning objectives because the R2 and R3 objectives and built form controls were not significantly different in the relevant respects, the development complied with the height and floor space ratio standards, and the impacts were consistent with those reasonably expected under the controls. Subject to amendments including lowering townhouses 7-11 by 300 mm, improving courtyard solar access, landscaping, screening and acoustic fencing, the development was acceptable in relation to bulk, scale, character, solar access, privacy, traffic, trees, heritage and other resident concerns.

Jurisdiction
Australia
Judgment Date
15 October 2014
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da2013/212 / Principal Judgment; Directions for Amended Plans and Conditions
Outcome
Directions were given for amended plans and amended conditions; the Court indicated there was no reason development consent should not be granted subject to satisfactory provision of those plans and conditions.
Legal Topics
['development Application Appeal' 'multi Dwelling Housing' 'planning Proposal and Potential Rezoning' 'bulk, Scale, Character and Density' 'visual and Acoustic Privacy' 'solar Access' 'resident Objections']
['environmental Planning and Development' 'land and Environment Court Proceedings'] ['development Application Appeal' 'multi Dwelling Housing' 'planning Proposal and Potential Rezoning' 'bulk, Scale, Character and Density' 'visual and Acoustic Privacy' 'solar Access' 'resident Objections']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da2013/212 / Principal Judgment; Directions for Amended Plans and Conditions

Legal Issues

  1. 1 ['Whether weight should be given to the Planning Proposal to rezone the site from Zone R3 Medium Density Residential to Zone R2 Low Density Residential and whether it was certain and imminent.' 'Whether the proposed multi dwelling housing development was inconsistent with the future character and objectives anticipated by the proposed zoning.' 'Whether the proposed built form was compatible with adjoining development in terms of bulk, scale, character, density and building footprint.' 'Whether the proposal provided acceptable solar access, visual privacy and acoustic privacy.' 'Whether resident concerns about traffic, trees, bin storage, lighting, heritage, open space, overshadowing, stormwater, basement setbacks and contamination warranted refusal or conditions.']

Ratio Decidendi

Weight was given to the Planning Proposal, but the proposal did not substantially undermine the future planning objectives because the R2 and R3 objectives and built form controls were not significantly different in the relevant respects, the development complied with the height and floor space ratio standards, and the impacts were consistent with those reasonably expected under the controls. Subject to amendments including lowering townhouses 7-11 by 300 mm, improving courtyard solar access, landscaping, screening and acoustic fencing, the development was acceptable in relation to bulk, scale, character, solar access, privacy, traffic, trees, heritage and other resident concerns.

Court Disposition

Directions were given for amended plans and amended conditions; the Court indicated there was no reason development consent should not be granted subject to satisfactory provision of those plans and conditions.

Orders

  • ['Directions for amended plans and conditions.' 'Amended material was to include an overall reduction in height of townhouses 7-11 by 300 mm.' 'Amended material was to include reduced courtyard fence heights to improve solar access to courtyards.' 'Amended material was to include redesign of the entry driveway and...