Rodonna Properties Pty Ltd v Wollondilly Shire Council [2003] NSWLEC 259

Rodonna Properties Pty Ltd v Wollondilly Shire Council [2003] NSWLEC 259

Despite the proposal's general compliance with the statutory controls and suitability in detached form, design details relating to courtyard amenity, location of visitor parking, hard paved areas, and general site planning are unsatisfactory and justify refusal.

Parties
Applicant: Rodonna Properties Pty Ltd; Respondent: Wollondilly Shire Council
Jurisdiction
Australia
Judgment Date
29 October 2003
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Development Application, Development Control Plan, Subdivision, Strata Title, Local Environmental Plan, Medium Density Housing
Planning Law Environmental Law Development Application Development Control Plan Subdivision Strata Title Local Environmental Plan Medium Density Housing

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Parties

Rodonna Properties Pty Ltd

Applicant

Wollondilly Shire Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposal is compatible with the character of the locality
  2. 2 Whether the proposed dwellings offer satisfactory amenity, particularly private courtyards
  3. 3 Whether the arrangement of the development on the site is satisfactory including car parking, common open space, and planning

Ratio Decidendi

Despite the proposal's general compliance with the statutory controls and suitability in detached form, design details relating to courtyard amenity, location of visitor parking, hard paved areas, and general site planning are unsatisfactory and justify refusal.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Development application No. 1718/02 for the demolition of an existing dwelling, the construction of twelve single-storey three-bedroom dwellings and the strata subdivision of the resulting medium density units, on part of lots 1 and 2 in DP 625492 being land at Nos. 19 and 21 Victoria Road, Thirlmere, is refused.