Sterling Dolores and Associates Pty Ltd v Sutherland Shire Council [2003] NSWLEC 373

Sterling Dolores and Associates Pty Ltd v Sutherland Shire Council [2003] NSWLEC 373

The proposal fails to comply with the objectives of the relevant planning controls, particularly the conjunctive statutory objectives for landscaped area, fails to demonstrate high quality design, and does not appropriately address matters of bulk, scale, amenity, parking, and impact on neighbourhood character and context. Therefore, the appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
27 November 2003
Procedural Posture
Class 1 Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['development Application' 'residential Flat Building' 'landscaped Area' 'design Quality' 'internal Amenity' 'access to Facilities' 'scale and Bulk of Buildings' 'character of Area']
['planning and Environment'] ['development Application' 'residential Flat Building' 'landscaped Area' 'design Quality' 'internal Amenity' 'access to Facilities' 'scale and Bulk of Buildings' 'character of Area']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposal complies with the objectives of the 2(c) Residential zone in cl 33 of the Sutherland Shire Local Environmental Plan 2000' 'Whether the proposal complies with the minimum landscaped area development standard in cl 36 of the Sutherland Shire Local Environmental Plan 2000' 'Whether the proposal complies with the objectives of the Landscape Development Control Plan' 'Whether the proposal is of excessive bulk and scale given non-compliance with floor space ratio objectives and standards in cl 35' 'Non-compliance with cl 30 regarding loss of sunlight, privacy, streetscape impact, and vegetation retention' 'Adequacy of internal amenity for residents' 'Compliance with relevant objectives and controls of the Residential Flat Buildings Development Control Plan' 'Detrimental effect of the proposed building on the quality and identity of the area under State Environmental Planning Policy No. 65']

Ratio Decidendi

The proposal fails to comply with the objectives of the relevant planning controls, particularly the conjunctive statutory objectives for landscaped area, fails to demonstrate high quality design, and does not appropriately address matters of bulk, scale, amenity, parking, and impact on neighbourhood character and context. Therefore, the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The exhibits be returned to the parties except exhibits 8, 9, 13, 14, 15, 16, 17 and exhibits E, M, P, S, T, U, V and W.']