Bellenger & anor v Randwick City Council [2016] NSWLEC 1279

Bellenger & anor v Randwick City Council [2016] NSWLEC 1279

The proposed hardstand did not merit consent because its 4.72m length was below the applicable RDCP 2013 and AS 2890.1 standards, including the 5.0m small-car minimum, and the Court accepted the Council traffic engineer's evidence that this created a strong likelihood of vehicles encroaching on the footpath and compromising pedestrian safety, particularly near a school and future preschool. The proposal would also remove a publicly available on-street parking space, adversely affect streetscape and amenity, fail to satisfy relevant RDCP objectives and R2 zone considerations, and create an unacceptable precedent. Conditions restricting use to small vehicles or title restrictions would not...

Jurisdiction
Australia
Judgment Date
05 July 2016
Procedural Posture
Class 1 Development Application Appeal / Appeal Against Council's Refusal of a Development Application; Principal Judgment
Outcome
Appeal dismissed; development consent refused.
Legal Topics
['development Application' 'hardstand Car Space' 'front Setback Parking' 'randwick LEP 2012' 'randwick DCP 2013' 'as 2890.1' 'on Street Parking' 'pedestrian Safety' 'streetscape Character']
['planning and Environment Law' 'development Control'] ['development Application' 'hardstand Car Space' 'front Setback Parking' 'randwick LEP 2012' 'randwick DCP 2013' 'as 2890.1' 'on Street Parking' 'pedestrian Safety' 'streetscape Character']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Appeal Against Council's Refusal of a Development Application; Principal Judgment

Legal Issues

  1. 1 ['Whether development consent should be granted for alterations to the front of the dwelling at 43 Greville Street, Clovelly to allow construction of a hardstand car space within the front setback area.' 'Whether the proposed hardstand car space complied with or should be approved despite non-compliance with Randwick DCP 2013 and AS 2890.1 dimensional controls.' 'Whether the proposal would be inconsistent with the R2 Low Density Residential zone objectives and the desired streetscape character.' 'Whether the proposal would cause unacceptable pedestrian safety impacts and loss of on-street parking.' 'Whether approval would create an unacceptable precedent for similar undersized hardstand spaces in the locality.']

Ratio Decidendi

The proposed hardstand did not merit consent because its 4.72m length was below the applicable RDCP 2013 and AS 2890.1 standards, including the 5.0m small-car minimum, and the Court accepted the Council traffic engineer's evidence that this created a strong likelihood of vehicles encroaching on the footpath and compromising pedestrian safety, particularly near a school and future preschool. The proposal would also remove a publicly available on-street parking space, adversely affect streetscape and amenity, fail to satisfy relevant RDCP objectives and R2 zone considerations, and create an unacceptable precedent. Conditions restricting use to small vehicles or title restrictions would not...

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • ['The appeal is dismissed.' 'Development consent to DA/810/2015 for alterations to the front of the dwelling at 43 Greville Street, Clovelly to allow construction of a hardstand area is refused.' 'The exhibits may be returned except 1, 3, 6, 7 and A.']