The Dubler Group Pty Limited v Ku-ring-gai Council [2005] NSWLEC 18

The Dubler Group Pty Limited v Ku-ring-gai Council [2005] NSWLEC 18

The proposed development fails to adequately address the principle of streetscape under cl 32(a)(i) of SEPP 53, does not constitute 'good design' under cl 3(1)(d) of SEPP 53, and is inconsistent with the general aims of the Ku-ring-gai Planning Scheme Ordinance. Consent must therefore be refused.

Jurisdiction
Australia
Judgment Date
28 January 2005
Procedural Posture
Development Appeal / Judgment After Hearing
Outcome
appeal dismissed; applications refused
Legal Topics
['development Application' 'dual Occupancy' 'land Subdivision' 'bushfire Risk' 'streetscape' 'amenity' 'planning Instruments']
['environmental Law' 'planning Law'] ['development Application' 'dual Occupancy' 'land Subdivision' 'bushfire Risk' 'streetscape' 'amenity' 'planning Instruments']

Case Brief

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Procedural Posture

Development Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed development contributes to an attractive residential environment' 'Whether the proposed development provides an unacceptable bushfire risk' 'Whether the proposed development adversely impacts the amenity of nearby properties']

Ratio Decidendi

The proposed development fails to adequately address the principle of streetscape under cl 32(a)(i) of SEPP 53, does not constitute 'good design' under cl 3(1)(d) of SEPP 53, and is inconsistent with the general aims of the Ku-ring-gai Planning Scheme Ordinance. Consent must therefore be refused.

Court Disposition

appeal dismissed; applications refused

Orders

  • ['The appeals are dismissed.' 'DA 677/03, DA 678/03, DA 679/03, DA 680/03, DA 681/03 and DA 682/03 for a staged dual occupancy development culminating in the erection of 8 dwellings and the Torrens Title and the Community Title subdivision of the property at 385 Bobbin Head Road, North Turramurra is refused.' 'The...