Daou v Bankstown City Council [2006] NSWLEC 820

Daou v Bankstown City Council [2006] NSWLEC 820

The proposal meets all objectives of the minimum frontage standard; the non-compliance is minor and the site accommodates the development with no unacceptable impacts on density, amenity, or character, and approval would not create an unwarranted precedent.

Parties
Applicant: Roger Daou trading as Daou Designs and Developments; Respondent: Bankstown City Council
Jurisdiction
Australia
Judgment Date
14 December 2006
Procedural Posture
Appeal Against Refusal of Development Application / Final Judgment
Outcome
appeal upheld
Legal Topics
Development Application, SEPP 1 Objection, Minimum Frontage, Dual Occupancy, Subdivision, Residential Zoning
Planning Law Environmental Law Development Application SEPP 1 Objection Minimum Frontage Dual Occupancy Subdivision Residential Zoning

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Parties

Roger Daou trading as Daou Designs and Developments

Applicant

Bankstown City Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Final Judgment

Legal Issues

  1. 1 whether non-compliance with the minimum frontage is acceptable and the SEPP 1 objection is well founded
  2. 2 whether the proposal will be a precedent for other development
  3. 3 whether the proposal has an acceptable bulk and scale impact on the existing and future character of the area

Ratio Decidendi

The proposal meets all objectives of the minimum frontage standard; the non-compliance is minor and the site accommodates the development with no unacceptable impacts on density, amenity, or character, and approval would not create an unwarranted precedent.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • The development application (1226/2006) for the demolition of an existing dwelling and construction of an attached dual occupancy and front fence with Torrens Title subdivision at 5 Omega Place, Greenacre, is approved subject to conditions in annexure 'A'.