Pavlarkis T & D v Kiama MC [2004] NSWLEC 729

Pavlarkis T & D v Kiama MC [2004] NSWLEC 729

Despite compliance with applicable planning controls, the excessive bulk and scale of the proposed buildings would be significantly out of character with the existing surrounding development and would fail to respect the existing scale and character as required by the planning instruments. The application was refused for lack of compatibility with the locality.

Parties
Applicant: Tom Pavlarkis; Applicant: Dena Pavlarkis; Respondent: Kiama Municipal Council
Jurisdiction
Australia
Judgment Date
23 December 2004
Procedural Posture
Development Application Appeal / Judgment
Outcome
appeal dismissed; development consent refused
Legal Topics
Development Application, Residential Character, Dual Occupancy, Subdivision, Building Bulk and Scale
Planning and Environment Development Application Residential Character Dual Occupancy Subdivision Building Bulk and Scale

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Parties

Tom Pavlarkis

Applicant

Dena Pavlarkis

Applicant

Kiama Municipal Council

Respondent

Procedural Posture

Development Application Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed development is compatible with the character of the locality in light of statutory planning controls
  2. 2 Impact of the proposal on residential amenity and solar access
  3. 3 Compliance with planning controls regarding bulk, scale and character

Ratio Decidendi

Despite compliance with applicable planning controls, the excessive bulk and scale of the proposed buildings would be significantly out of character with the existing surrounding development and would fail to respect the existing scale and character as required by the planning instruments. The application was refused for lack of compatibility with the locality.

Court Disposition

appeal dismissed; development consent refused

Orders

  • The appeal is dismissed.
  • Development application No 10.2003.526.1, for demolition, subdivision, erection of two attached two-storey dual occupancy buildings and further subdivision at lot A DP 156993, No 21 Campbell Street Gerringong, is determined by refusal of development consent.