Ikhtiar v Campbelltown City Council and Anor [2006] NSWLEC 795

Ikhtiar v Campbelltown City Council and Anor [2006] NSWLEC 795

The proposal was permissible with consent in the Zone 2 (b) – Residential B Zone and was capable of satisfying the zone objectives because the only remaining basis for refusal was traffic impact. The evidence did not establish unacceptable traffic, pedestrian or service vehicle conflicts: the generated traffic complied with RTA Environmental Guidelines, the probability of pedestrian conflict was low, the 85th percentile design vehicle was an appropriate basis for assessing turning movements, and any garbage truck conflict was insufficient to warrant refusal. Accordingly, there was no basis to refuse the application and development consent should be granted subject to conditions.

Jurisdiction
Australia
Judgment Date
22 December 2006
Procedural Posture
Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Judgment After Hearing
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'child Care Centre' 'residential Zoning' 'traffic Impacts' 'pedestrian Safety' 'cul De Sac Access' 'development Consent Conditions']
['planning and Environment Law'] ['development Application' 'child Care Centre' 'residential Zoning' 'traffic Impacts' 'pedestrian Safety' 'cul De Sac Access' 'development Consent Conditions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed demolition of an existing dwelling and erection of a twenty-nine place childcare centre with eight car parking spaces should be granted development consent.' 'Whether the proposal was consistent with the objectives of the Zone 2 (b) – Residential B Zone under Campbelltown (Urban Area) Local Environmental Plan 2002.' 'Whether traffic impacts, including turning movements, increased traffic volumes, service vehicle conflicts and pedestrian conflicts, justified refusal of the development application.' 'Whether resident objections provided a planning basis for refusing the proposal.']

Ratio Decidendi

The proposal was permissible with consent in the Zone 2 (b) – Residential B Zone and was capable of satisfying the zone objectives because the only remaining basis for refusal was traffic impact. The evidence did not establish unacceptable traffic, pedestrian or service vehicle conflicts: the generated traffic complied with RTA Environmental Guidelines, the probability of pedestrian conflict was low, the 85th percentile design vehicle was an appropriate basis for assessing turning movements, and any garbage truck conflict was insufficient to warrant refusal. Accordingly, there was no basis to refuse the application and development consent should be granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld;' 'Development Application 4309/2005/DA-C for demolition of an existing dwelling and the erection, in its place, of a twenty-nine place childcare centre with eight car parking spaces at 23 Fitzroy Crescent, Leumeah (being Lot 4 DP 241539) will be granted development consent subject to...