Macri v Ku-ring-gai Council [2011] NSWLEC 1093

Macri v Ku-ring-gai Council [2011] NSWLEC 1093

The minimum 30m frontage requirement is a development standard capable of variation under cl 4.6. The proposed development, although having a 23.775m frontage on a 1942m2 site, meets the objectives of orderly and economic residential development and maintains local character. The application and evidence justify the variation, the built form and landscaping satisfy DCP and LEP objectives, and the proposal does not create unreasonable amenity impacts for adjoining properties or future residents. No statutory or jurisdictional impediment exists; consent is therefore granted with conditions.

Jurisdiction
Australia
Judgment Date
15 April 2011
Procedural Posture
Appeal / Final Judgment
Outcome
appeal upheld and development consent granted with conditions
Legal Topics
['development Application' 'multi Unit Dwellings' 'variation of Development Standard' 'landscaping' 'amenity' 'frontage Requirements' 'solar Access' 'disabled Access' 'privacy' 'streetscape' 'contaminated Land']
['planning and Environment'] ['development Application' 'multi Unit Dwellings' 'variation of Development Standard' 'landscaping' 'amenity' 'frontage Requirements' 'solar Access' 'disabled Access' 'privacy' 'streetscape' 'contaminated Land']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the minimum 30m street frontage requirement under clause 6.1 of the Ku-ring-gai Local Environmental Plan (Town Centres) 2010 can be varied for the proposed development' 'Whether the proposed development is consistent with zone objectives and other planning controls (including DCP and RFDC)' 'Whether the proposed landscaping, site coverage, built form, and amenity satisfy planning and DCP standards for the location' 'Whether the proposed development would result in unreasonable impact on adjoining properties, the streetscape, and provide appropriate amenity for future residents']

Ratio Decidendi

The minimum 30m frontage requirement is a development standard capable of variation under cl 4.6. The proposed development, although having a 23.775m frontage on a 1942m2 site, meets the objectives of orderly and economic residential development and maintains local character. The application and evidence justify the variation, the built form and landscaping satisfy DCP and LEP objectives, and the proposal does not create unreasonable amenity impacts for adjoining properties or future residents. No statutory or jurisdictional impediment exists; consent is therefore granted with conditions.

Court Disposition

appeal upheld and development consent granted with conditions

Orders

  • ['The appeal in respect of the property known as 6 Shinfield Avenue St Ives is upheld.' "The development application submitted to Ku-ring-gai Council and as amended for a multi-unit development of eleven dwellings with 23 basement parking spaces is determined by the granting of consent, subject to the conditions in...