Cullen v Blacktown City Council & Ors [2005] NSWLEC 516

Cullen v Blacktown City Council & Ors [2005] NSWLEC 516

The application was refused as the condition limiting mourning viewing parties to ten persons was not practical or reasonable to impose and could not be reliably complied with, making the development inappropriate for approval even though other deficiencies in plans were potentially capable of resolution by amendment.

Jurisdiction
Australia
Judgment Date
23 August 2005
Procedural Posture
Appeal / Judgment on Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979
Outcome
Appeal dismissed. Development application refused.
Legal Topics
['development Application' 'funeral Parlour' 'conditions of Consent' 'psychological Impact' 'zone Objectives']
['planning and Environmental Law' 'administrative Law'] ['development Application' 'funeral Parlour' 'conditions of Consent' 'psychological Impact' 'zone Objectives']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979

Legal Issues

  1. 1 ['Whether refusal of development application for funeral parlour is warranted based on psychological impact on neighbours' 'Whether proposed conditions on the operation of the funeral parlour are reasonable and capable of compliance' 'Whether proposed limitations on the number of persons for viewings are practical or reasonable' 'Whether plan amendments to comply with regulations could resolve issues']

Ratio Decidendi

The application was refused as the condition limiting mourning viewing parties to ten persons was not practical or reasonable to impose and could not be reliably complied with, making the development inappropriate for approval even though other deficiencies in plans were potentially capable of resolution by amendment.

Court Disposition

Appeal dismissed. Development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application 04/3501 for the establishment of a funeral parlour at Lot 18 DP 30448 Orcam Lane, Rooty Hill, is determined by the refusal of development consent.' 'The exhibits may be returned.']