McQueen v Waverley Council [2008] NSWLEC 1202

McQueen v Waverley Council [2008] NSWLEC 1202

The proposal was within the Waverley Development Control Plan controls for rear garages as to garage and wall height, the floor space ratio exceedance was acceptable because it did not unreasonably impact adjoining properties or represent overdevelopment, and the evidence did not show inconsistency with the Queens Park character statement, streetscape rhythm, desired future character objectives, or unacceptable precedent. The modification application was therefore approved.

Jurisdiction
Australia
Judgment Date
27 March 2008
Procedural Posture
Section 96 Modification Application Concerning Development Consent for Alterations and Additions to a Dwelling House / Ex Tempore Judgment After Hearing; Appeal Upheld
Outcome
Appeal upheld; section 96 modification application approved.
Legal Topics
['section 96 Modification Application' 'alterations and Additions to Dwelling House' 'garage Wall Height and Ridge Height' 'development Control Plan Compliance' 'residential Character' 'streetscape and Landscaping' 'views and Vistas' 'floor Space Ratio' 'precedent']
['planning and Environment Law' 'development Consent'] ['section 96 Modification Application' 'alterations and Additions to Dwelling House' 'garage Wall Height and Ridge Height' 'development Control Plan Compliance' 'residential Character' 'streetscape and Landscaping' 'views and Vistas' 'floor Space Ratio' 'precedent']

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Procedural Posture

Section 96 Modification Application Concerning Development Consent for Alterations and Additions to a Dwelling House / Ex Tempore Judgment After Hearing; Appeal Upheld

Legal Issues

  1. 1 ['Whether the proposed modification to delete condition 2(d) and allow a garage wall height of 3.4 metres should be approved.' 'Whether exceedance of the floor space ratio should lead to refusal or be accepted as a discretionary matter.' 'Whether the proposal was inconsistent with the Queens Park residential character, streetscape rhythm, views and vistas, and the Waverley Development Control Plan.' 'Whether approval would create an undesirable precedent.']

Ratio Decidendi

The proposal was within the Waverley Development Control Plan controls for rear garages as to garage and wall height, the floor space ratio exceedance was acceptable because it did not unreasonably impact adjoining properties or represent overdevelopment, and the evidence did not show inconsistency with the Queens Park character statement, streetscape rhythm, desired future character objectives, or unacceptable precedent. The modification application was therefore approved.

Court Disposition

Appeal upheld; section 96 modification application approved.

Orders

  • ['The appeal in respect of the property known as 60 Alt Street, Queens Park is upheld.' 'The s96 modification application dated 3 September 2007 submitted to Waverley Council to delete condition 2(d) in the consent for DA 660/2006 issued by the Council 23 January 2007 is approved.' 'Except for the above modification...