Roselli v Strathfield Municipal Council [2005] NSWLEC 336

Roselli v Strathfield Municipal Council [2005] NSWLEC 336

The proposed two-storey dwelling house, being of fundamentally different architectural style and two-storey scale at the building line, is not compatible with the predominant character of Merley Road's streetscape, contrary to the objectives and requirements in the relevant planning instruments and control plans. The development would introduce an inappropriate contrast, detracting from the quality of the streetscape.

Parties
Applicant: Mauro Roselli; Respondent: Strathfield Municipal Council
Jurisdiction
Australia
Judgment Date
22 June 2005
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Development Application, Streetscape, Architectural Character, Compatibility, Residential Zoning
Planning Law Environmental Law Development Application Streetscape Architectural Character Compatibility Residential Zoning

Case Brief

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Parties

Mauro Roselli

Applicant

Strathfield Municipal Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed two-storey dwelling is appropriate in the Merley Road streetscape given height, bulk, scale, and architectural character requirements

Ratio Decidendi

The proposed two-storey dwelling house, being of fundamentally different architectural style and two-storey scale at the building line, is not compatible with the predominant character of Merley Road's streetscape, contrary to the objectives and requirements in the relevant planning instruments and control plans. The development would introduce an inappropriate contrast, detracting from the quality of the streetscape.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Development Application No. 0304/466 for the demolition of existing buildings and the erection of a two-storey dwelling house at 31 Merley Road, Strathfield, is refused.