Depasquale v Hornsby Shire Council [2006] NSWLEC 823
The proposal, although non-compliant with the minimum lot size, would be within the environmental capacity of the site, satisfy zone objectives, and is not inconsistent with emerging character, thus strict compliance with the density standard is unnecessary and development consent should be granted.
- Parties
- Applicant: Steven Depasquale; Respondent: Hornsby Shire Council
- Jurisdiction
- Australia
- Judgment Date
- 18 December 2006
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal upheld
- Legal Topics
- Development Application, Density Standards, Subdivision, Environmental Capacity
Case Brief
Summary, issues, holding and outcome
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Parties
Steven Depasquale
Applicant
Hornsby Shire Council
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Non-compliance with density standard in clause 14 of the LEP and adequacy of SEPP 1 objection
- 2 Amenity impacts on neighbouring property, particularly overshadowing
- 3 Concerns raised by neighbouring objectors regarding privacy and tree removal
Ratio Decidendi
The proposal, although non-compliant with the minimum lot size, would be within the environmental capacity of the site, satisfy zone objectives, and is not inconsistent with emerging character, thus strict compliance with the density standard is unnecessary and development consent should be granted.
Court Disposition
appeal upheld
Orders
- The appeal is upheld.
- Development Application No 215/06 for demolition, subdivision into two lots, and erection of detached two storey dwellings at 24 Moreshead Avenue, Carlingford is determined by granting development consent subject to conditions.
Full Case Text
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