Vigor Master Pty Ltd v Warringah Shire Council [2008] NSWLEC 1128
The proposed development is not consistent with the desired future character of the locality, presenting excessive bulk and scale and not constituting a low impact, low intensity use as required by the planning controls and LEP; therefore, consent must be refused.
- Parties
- Applicant: Vigor Master Pty Ltd; Respondent: Warringah Shire Council
- Jurisdiction
- Australia
- Judgment Date
- 20 March 2008
- Procedural Posture
- Development Application Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Development Application, Desired Future Character, Town Planning, Bulk and Scale, Noise, Traffic, Public Interest
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Vigor Master Pty Ltd
Applicant
Warringah Shire Council
Respondent
Procedural Posture
Development Application Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the development is consistent with the Desired Future Character statement for Locality C8 – Belrose North
- 2 Whether the design, bulk and scale are appropriate
- 3 Noise impacts
Ratio Decidendi
The proposed development is not consistent with the desired future character of the locality, presenting excessive bulk and scale and not constituting a low impact, low intensity use as required by the planning controls and LEP; therefore, consent must be refused.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
- Development consent for DA 2007/520 for a self storage facility at Lot 2506 DP 75038 Linden Ave/Bundaleer Street, Belrose is refused.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment