Bannerman v Lane Cove Council [2016] NSWLEC 1118

Bannerman v Lane Cove Council [2016] NSWLEC 1118

The proposal was refused because it did not comply with the DCP's numerical standards for rear setback and landscaped area, nor did it achieve the relevant DCP objectives for built form integration, amenity, open space, privacy, and solar access. The design did not sufficiently achieve the appearance of a single building as required for attached dual occupancies. The lack of an accepted bushfire alternate solution also warranted refusal. As the non-compliances were not trivial and the objectives of the controls were not achieved, consent was refused.

Parties
Applicant: Joseph Lionel Bannerman; Respondent: Lane Cove Council
Jurisdiction
Australia
Judgment Date
18 March 2016
Procedural Posture
Class 1 Appeal Under the Environmental Planning and Assessment Act 1979 / Judgment Following Hearing
Outcome
Appeal dismissed. Development application refused.
Legal Topics
Development Application, Dual Occupancy (attached), Consistency With Character of Area, DCP Compliance, Bushfire Prone Land, Rear Setback, Solar Access, Privacy, Open Space, Landscaped Area
Planning and Environment Law Development Application Dual Occupancy (attached) Consistency With Character of Area DCP Compliance Bushfire Prone Land Rear Setback Solar Access +3 more

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Parties

Joseph Lionel Bannerman

Applicant

Lane Cove Council

Respondent

Procedural Posture

Class 1 Appeal Under the Environmental Planning and Assessment Act 1979 / Judgment Following Hearing

Legal Issues

  1. 1 Whether proposed development qualifies as a dual occupancy (attached) permissible in E4 zone
  2. 2 Whether development complies with Lane Cove Development Control Plan (DCP) for rear setback, landscaped area, amenity, privacy, solar access and streetscape
  3. 3 Whether development meets bush fire protection requirements

Ratio Decidendi

The proposal was refused because it did not comply with the DCP's numerical standards for rear setback and landscaped area, nor did it achieve the relevant DCP objectives for built form integration, amenity, open space, privacy, and solar access. The design did not sufficiently achieve the appearance of a single building as required for attached dual occupancies. The lack of an accepted bushfire alternate solution also warranted refusal. As the non-compliances were not trivial and the objectives of the controls were not achieved, consent was refused.

Court Disposition

Appeal dismissed. Development application refused.

Orders

  • The appeal is dismissed.
  • Development Application 152/2015 seeking consent for the construction for a residential dwelling for an attached dual occupancy at 26 Pinaroo Place, Lane Cove North, is refused.