Peter McNamee v Baulkham Hills Shire Council [2005] NSWLEC 586

Peter McNamee v Baulkham Hills Shire Council [2005] NSWLEC 586

The amended plans satisfy the heads of consideration in BHLEP cl 20 for granting consent to a townhouse development on a site smaller than the minimum area. Conditions for privacy, landscaping, and parking are agreed. Development consent is granted subject to conditions.

Jurisdiction
Australia
Judgment Date
14 October 2005
Procedural Posture
Appeal Under Environmental Planning and Assessment Act 1979 S 97 / Ex Tempore Judgment After Hearing
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'site Area' 'streetscape' 'visual Privacy' 'solar Access' 'landscaping' 'car Parking' 'courtyards']
['planning and Environment Law'] ['development Application' 'site Area' 'streetscape' 'visual Privacy' 'solar Access' 'landscaping' 'car Parking' 'courtyards']

Case Brief

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Procedural Posture

Appeal Under Environmental Planning and Assessment Act 1979 S 97 / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed townhouse development is contrary to s 79C(1)(a)(i),(ii) & (iii), s 79C(1)(c), s 79C(1)(e) of the Environmental Planning and Assessment Act 1979 (NSW)' 'Compliance with Baulkham Hills Local Environmental Plan 2005 and Development Control Plans on site area, design, privacy, solar access, landscaping, parking']

Ratio Decidendi

The amended plans satisfy the heads of consideration in BHLEP cl 20 for granting consent to a townhouse development on a site smaller than the minimum area. Conditions for privacy, landscaping, and parking are agreed. Development consent is granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['Appeal under s 97 of Environmental Planning and Assessment Act 1979 is upheld.' 'Development application No 641/2005/HB for four 3-bedroom townhouses approved subject to Conditions 1 to 74 in Annexure A.' 'Each party to pay its own costs.' 'Exhibits with exceptions are returned.']