Chapman-Davies v Willoughby City Council [2009] NSWLEC 1438

Chapman-Davies v Willoughby City Council [2009] NSWLEC 1438

Given the particular characteristics of the irregular shaped lot and difficult site constraints, as well as the evidence and agreement from planning experts that impacts are minor, the Court finds the proposed development is acceptable notwithstanding the breaches of the Willoughby Local Environmental Plan 1995 and Development Control Plan; thus, there is no reason to refuse the consent orders.

Jurisdiction
Australia
Judgment Date
30 December 2009
Procedural Posture
Development Appeal / Consent Orders Hearing Post Refusal of Development Application
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application Appeal' 'consent Orders' 'non Compliance With Planning Controls' 'floor Space Ratio' 'building Height Plane' 'setbacks' 'landscape Area' 'willoughby Local Environmental Plan 1995' 'development Control Plan']
['planning and Environment'] ['development Application Appeal' 'consent Orders' 'non Compliance With Planning Controls' 'floor Space Ratio' 'building Height Plane' 'setbacks' 'landscape Area' 'willoughby Local Environmental Plan 1995' 'development Control Plan']

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Procedural Posture

Development Appeal / Consent Orders Hearing Post Refusal of Development Application

Legal Issues

  1. 1 ["Whether the proposed development's non-compliance with planning controls (storeys, floor space ratio, building height plane, setbacks, landscape area) justifies refusal of consent" 'Whether the proposed variations to the Willoughby Local Environmental Plan 1995 and Development Control Plan can be supported']

Ratio Decidendi

Given the particular characteristics of the irregular shaped lot and difficult site constraints, as well as the evidence and agreement from planning experts that impacts are minor, the Court finds the proposed development is acceptable notwithstanding the breaches of the Willoughby Local Environmental Plan 1995 and Development Control Plan; thus, there is no reason to refuse the consent orders.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' "The development application No. 2008/740 for 'alterations and additions to existing single dwelling' on the land known as 4 Cheyne Walk, Castlecrag, is determined by the granting of consent subject to conditions contained in Annexure A." 'No order as to costs.']