Stewart Ross Stevens v Sutherland Shire Council [2004] NSWLEC 405

Stewart Ross Stevens v Sutherland Shire Council [2004] NSWLEC 405

The appeal was upheld because the amended development application was satisfactory when assessed under s 79C. The Draft Sutherland Shire Local Environmental Plan 2004 was neither certain nor imminent and was given little weight; the minor FSR exceedance was acceptable and the SEPP 1 objection was upheld; the proposal preserved the relevant neighbourhood character notwithstanding the 10% DCP control; amenity, solar access, overlooking and parking impacts were acceptable; and objector concerns could be addressed by conditions or did not justify refusal.

Jurisdiction
Australia
Judgment Date
27 July 2004
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of an Integrated Development Application / Final Judgment After Hearing
Outcome
Appeal upheld; integrated development application approved subject to conditions.
Legal Topics
['integrated Development Application' 'townhouses and Villa Houses' 'draft Local Environmental Plan' 'floor Space Ratio' 'state Environmental Planning Policy No 1 Objection' 'neighbourhood Character and Streetscape' 'internal Amenity' 'basement Parking and As2890.1' 'objector Concerns' 'bushfire Safety Authority']
['planning and Environment Law' 'development Consent' 'local Environmental Planning' 'residential Development'] ['integrated Development Application' 'townhouses and Villa Houses' 'draft Local Environmental Plan' 'floor Space Ratio' 'state Environmental Planning Policy No 1 Objection' 'neighbourhood Character and Streetscape' 'internal Amenity' 'basement Parking and As2890.1' 'objector Concerns' 'bushfire Safety Authority']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of an Integrated Development Application / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether townhouses and villa houses being prohibited under Draft Sutherland Shire Local Environmental Plan 2004 should lead to refusal' 'Whether the proposal was excessive in bulk, scale or character or incompatible with the predominantly single dwelling house character of the neighbourhood' 'Whether non-compliance with the 10% locality limit for multi-unit dwellings warranted refusal' 'Whether the proposed dwellings provided appropriate internal amenity, solar access and privacy' 'Whether the basement car park access driveway was acceptable having regard to AS2890.1' 'Whether objections about overdevelopment, traffic, noise, headlight glare, drainage, bushfire risk, infrastructure and property values warranted refusal']

Ratio Decidendi

The appeal was upheld because the amended development application was satisfactory when assessed under s 79C. The Draft Sutherland Shire Local Environmental Plan 2004 was neither certain nor imminent and was given little weight; the minor FSR exceedance was acceptable and the SEPP 1 objection was upheld; the proposal preserved the relevant neighbourhood character notwithstanding the 10% DCP control; amenity, solar access, overlooking and parking impacts were acceptable; and objector concerns could be addressed by conditions or did not justify refusal.

Court Disposition

Appeal upheld; integrated development application approved subject to conditions.

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.' 'Integrated development application No DA03/ 1834 lodged with the respondent council on 24 October 2003 to demolish the existing structures and to construct originally five (5) townhouses (now four (4)) and one (1) villa house...