Malass v Blacktown City Council [2017] NSWLEC 1043

Malass v Blacktown City Council [2017] NSWLEC 1043

The proposed development did not meet required building separations and rear setbacks at upper levels, potentially prejudicing adjoining property development and failing to satisfy the objectives of planning controls. The car parking was sufficient, but cumulative amendments to the application were not minor, justifying an order for costs under s97B.

Parties
Applicant: Rabi Malass; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
07 February 2017
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Setbacks, Building Separation, Car Parking, Waste Collection, Solar Access, Costs
Planning Law Environmental Law Local Government Law Development Application Setbacks Building Separation Car Parking Waste Collection +2 more

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Parties

Rabi Malass

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed development complies with planning controls relating to setbacks, building separation, car parking, waste collection access, and solar access
  2. 2 Whether the amendments to the application were minor for the purposes of s97B costs

Ratio Decidendi

The proposed development did not meet required building separations and rear setbacks at upper levels, potentially prejudicing adjoining property development and failing to satisfy the objectives of planning controls. The car parking was sufficient, but cumulative amendments to the application were not minor, justifying an order for costs under s97B.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development Application No. 16-02942 for the demolition of existing dwellings and construction of a residential flat building at 11-13 Clifton Street Blacktown is refused.