Bustos-McNeil v Waverley Council [2008] NSWLEC 1173

Bustos-McNeil v Waverley Council [2008] NSWLEC 1173

The sole concern raised by the Council, inadequate pedestrian access, could be acceptably resolved by narrowing the study 200 mm to the north and marking a pedestrian accessway 900 mm north of the southern fence, leaving sufficient space for an 85th percentile vehicle in the otherwise compliant parking area; therefore the appeal should be upheld subject to revised plans and conditions.

Jurisdiction
Australia
Judgment Date
07 May 2008
Procedural Posture
Development Consent Modification Application Appeal / Ex Tempore Judgment
Outcome
Appeal upheld subject to the filing of revised plans and revised conditions to give effect to the decision.
Legal Topics
['development Consent' 'modification Application' 'off Street Parking' 'pedestrian Access']
['planning and Development'] ['development Consent' 'modification Application' 'off Street Parking' 'pedestrian Access']

Case Brief

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Procedural Posture

Development Consent Modification Application Appeal / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the development consent should be modified to permit a hardstand car parking space and new vehicle crossing within the front setback.' 'Whether pedestrian access to the dwelling would be inadequate if the modification were approved.' "Whether revised plans and conditions could resolve the Council's concern about pedestrian access."]

Ratio Decidendi

The sole concern raised by the Council, inadequate pedestrian access, could be acceptably resolved by narrowing the study 200 mm to the north and marking a pedestrian accessway 900 mm north of the southern fence, leaving sufficient space for an 85th percentile vehicle in the otherwise compliant parking area; therefore the appeal should be upheld subject to revised plans and conditions.

Court Disposition

Appeal upheld subject to the filing of revised plans and revised conditions to give effect to the decision.

Orders

  • ['The applicant is to provide revised plans narrowing the study 200 mm to the north.' 'The Council is to provide a revised condition requiring an appropriate form of marking, to the satisfaction of the Council, with the marking to be 900 mm to the north of the face of the southern fence on the property.' 'Orders...