Emdur v Waverley Council [2009] NSWLEC 1101

Emdur v Waverley Council [2009] NSWLEC 1101

The proposal meets the objectives of the DCP in terms of visual amenity, pedestrian safety, and minimising loss of on-street parking, and the overall benefits outweigh the possible negative impacts. The appeal to modify development consent is upheld.

Jurisdiction
Australia
Judgment Date
13 March 2009
Procedural Posture
S 96 Appeal to Modify Development Consent / Judgment After Hearing
Outcome
Appeal upheld
Legal Topics
['development Application' 'off Street Parking' 'modification of Consent']
['planning and Environment Law'] ['development Application' 'off Street Parking' 'modification of Consent']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

S 96 Appeal to Modify Development Consent / Judgment After Hearing

Legal Issues

  1. 1 ['Whether proposed off-street car parking meets DCP and LEP objectives' 'Impact of parking space in front setback on streetscape and dwelling' 'Compliance of parking space size with DCP controls']

Ratio Decidendi

The proposal meets the objectives of the DCP in terms of visual amenity, pedestrian safety, and minimising loss of on-street parking, and the overall benefits outweigh the possible negative impacts. The appeal to modify development consent is upheld.

Court Disposition

Appeal upheld

Orders

  • ['Appeal 11276 of 2008 to modify development consent DA 421/2007 is upheld.' 'Applicant to serve revised plans including particulars on gate to hard stand area, side wall adjoining No. 26 and its intended height, and details of the footpath cross-over.' 'Revised and final plans to be retained on the court file.']