Stirrat & Moffat v Blue Mountains City Council [2011] NSWLEC 1157

Stirrat & Moffat v Blue Mountains City Council [2011] NSWLEC 1157

The proposed development's excessive building footprint and scale (41.8m width and 26.5m depth), which far exceed the controls set out in the Blue Mountains LEP 2005 and relevant DCPs, are inconsistent with the established and desired character of the precinct. While the 18m x 18m footprint is not a development standard, it is a significant benchmark reflecting community and planning intent. The proposal fails to adequately satisfy the objectives of the LEP and Schedule 1 provisions regarding form, scale, and visual setting, and therefore must be refused.

Parties
Applicant: Stirrat & Moffat; Respondent: Blue Mountains City Council
Jurisdiction
Australia
Judgment Date
17 June 2011
Procedural Posture
Development Appeal (class 1) / Final Judgment at First Instance
Outcome
Appeal dismissed
Legal Topics
Development Applications, Building Footprint Control, Local Environmental Plans, Urban Design, Design Quality, Character of Area
Planning Law Environmental Law Development Applications Building Footprint Control Local Environmental Plans Urban Design Design Quality Character of Area

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Parties

Stirrat & Moffat

Applicant

Blue Mountains City Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the proposed development is consistent with building footprint, scale and precinct controls under the Blue Mountains LEP 2005
  2. 2 Whether discretion can be exercised for non-compliance with design considerations (18m x 18m building footprint)
  3. 3 Whether the proposal achieves objectives for character, built form, and visual setting

Ratio Decidendi

The proposed development's excessive building footprint and scale (41.8m width and 26.5m depth), which far exceed the controls set out in the Blue Mountains LEP 2005 and relevant DCPs, are inconsistent with the established and desired character of the precinct. While the 18m x 18m footprint is not a development standard, it is a significant benchmark reflecting community and planning intent. The proposal fails to adequately satisfy the objectives of the LEP and Schedule 1 provisions regarding form, scale, and visual setting, and therefore must be refused.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development consent to DA No X/988/2010 for the erection of a multi-unit development comprising 19 units at No 8 Great Western Highway, Leura is refused.