Trebincevic v Campbelltown City Council [2007] NSWLEC 557

Trebincevic v Campbelltown City Council [2007] NSWLEC 557

The proposed development was approved because, despite some DCP non-compliances or departures, the design responded acceptably to the steep site, would sit comfortably in the streetscape, would not alter the character of the area, would not cause unreasonable privacy, amenity, solar access, traffic or parking impacts, had acceptable internal and external amenity for occupants, and was consistent with the objectives of the 2(b) zone, including providing variety in housing form and relating sympathetically to nearby and adjoining development.

Jurisdiction
Australia
Judgment Date
31 August 2007
Procedural Posture
Appeal Under S97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Judgment After Hearing
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['dual Occupancy Development' 'torrens Title Subdivision' 'private Open Space' 'visitor Car Parking' 'streetscape and Neighbourhood Character' 'amenity and Privacy Impacts' 'solar Access' 'restrictive Covenants']
['planning and Environment' 'development Consent' 'residential Development'] ['dual Occupancy Development' 'torrens Title Subdivision' 'private Open Space' 'visitor Car Parking' 'streetscape and Neighbourhood Character' 'amenity and Privacy Impacts' 'solar Access' 'restrictive Covenants']

Case Brief

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Procedural Posture

Appeal Under S97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed dual occupancy development complied with or warranted approval despite non-compliance with provisions of the Campbelltown (Sustainable City) Development Control Plan 2005 relating to private open space, visitor car parking, garage width, height, streetscape, solar access and security design.' 'Whether the proposed development was consistent with the objectives of the Campbelltown (Urban Area) Local Environmental Plan 2002, including protection from inappropriate development and provision of a range of housing types.' 'Whether the proposed development would adversely affect the character of the Glen Alpine locality, including having regard to restrictions formerly imposed by a s 88(B) instrument.' 'Whether the proposed development would cause unreasonable amenity, privacy, traffic, parking, social or solar access impacts on adjoining and nearby residents.' 'Whether the site was suitable for two attached dwellings and Torrens Title subdivision.']

Ratio Decidendi

The proposed development was approved because, despite some DCP non-compliances or departures, the design responded acceptably to the steep site, would sit comfortably in the streetscape, would not alter the character of the area, would not cause unreasonable privacy, amenity, solar access, traffic or parking impacts, had acceptable internal and external amenity for occupants, and was consistent with the objectives of the 2(b) zone, including providing variety in housing form and relating sympathetically to nearby and adjoining development.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal in respect of the property known as No. 32 Claremont Circuit is upheld.' "Development application submitted to Campbelltown City Council, and as amended is approved subject to the conditions contained in Annexure 'A'." 'The exhibits are returned to the parties with the exception of Exhibits 4, 6, B, C,...