Stanton Dahl Architects v Blacktown City Council [2009] NSWLEC 1124

Stanton Dahl Architects v Blacktown City Council [2009] NSWLEC 1124

The Court was satisfied that allowing both ingress and egress from Shaun Street would not impose an unreasonable amenity impact on residents if traffic was kept within the environmental goal of 200 vehicles per hour and safeguarded by independent monitoring and traffic management conditions. The site's zoning for school/church purposes and the RTA's position favouring Shaun Street access supported approval, while a roundabout and pedestrian facility were required to address traffic and safety impacts.

Jurisdiction
Australia
Judgment Date
10 March 2009
Procedural Posture
S 97 Appeal Against a Deemed Refusal of a Development Application / Extempore Judgment Following a S 34 Conciliation Conference and Formal Hearing Under S 34(4)
Outcome
Appeal generally upheld; development application approved subject to conditions.
Legal Topics
['development Application for School Access' 'ingress and Egress From Shaun Drive' 'residential Amenity and Environmental Capacity of Local Street' 'road Access and Traffic Management Conditions']
['planning and Environment' 'development Consent' 'traffic and Access Impacts'] ['development Application for School Access' 'ingress and Egress From Shaun Drive' 'residential Amenity and Environmental Capacity of Local Street' 'road Access and Traffic Management Conditions']

Case Brief

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Procedural Posture

S 97 Appeal Against a Deemed Refusal of a Development Application / Extempore Judgment Following a S 34 Conciliation Conference and Formal Hearing Under S 34(4)

Legal Issues

  1. 1 ['Whether development consent should allow both ingress and egress between the proposed school and Shaun Drive, or only ingress from Shaun Drive.' 'Whether traffic impacts on Shaun Drive would be unreasonable having regard to residential amenity and environmental capacity.' 'Whether a roundabout and pedestrian crossing or refuge should be required at the T-section of Glenwood Park Drive and Shaun Street.']

Ratio Decidendi

The Court was satisfied that allowing both ingress and egress from Shaun Street would not impose an unreasonable amenity impact on residents if traffic was kept within the environmental goal of 200 vehicles per hour and safeguarded by independent monitoring and traffic management conditions. The site's zoning for school/church purposes and the RTA's position favouring Shaun Street access supported approval, while a roundabout and pedestrian facility were required to address traffic and safety impacts.

Court Disposition

Appeal generally upheld; development application approved subject to conditions.

Orders

  • ['The appeal in respect of the property known as lot 7, DP 1078760, 992 Old Windsor Road, Glenwood, is generally upheld.' "The development application submitted to Blacktown City Council and as amended for access, both egress and ingress, to the subject school from Shaun Street and the construction of a bus lay-by...