Screnci & Anor v Willoughby City Council [2015] NSWLEC 1256

Screnci & Anor v Willoughby City Council [2015] NSWLEC 1256

Consent cannot be granted for either the Landscape DA or the Secondary Dwelling DA because the proposed development does not contribute to achieving the objectives of the E4 zone under the Willoughby Local Environmental Plan 2012 and does not comply with the height and floor space ratio requirements, nor does it justify variation to development standards under cl 4.6 of the 2012 LEP.

Jurisdiction
Australia
Judgment Date
10 July 2015
Procedural Posture
Appeal / Decision on Merits of Appeals Regarding Development and Building Certificates
Outcome
Consent refused
Legal Topics
['development Applications' 'landscaping' 'foreshore Building Line' 'variation of Height Standard' 'secondary Dwellings' 'building Certificates']
['planning and Environment'] ['development Applications' 'landscaping' 'foreshore Building Line' 'variation of Height Standard' 'secondary Dwellings' 'building Certificates']

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Procedural Posture

Appeal / Decision on Merits of Appeals Regarding Development and Building Certificates

Legal Issues

  1. 1 ['Whether the proposed development is consistent with the objectives of the E4 zone under the Willoughby Local Environmental Plan 2012' 'Whether the development below the foreshore building line complies with applicable environmental planning instruments and the Development Control Plan' 'Whether variation to height and floor space ratio standards is justified for the secondary dwelling' 'Structural adequacy and compliance of existing retaining walls']

Ratio Decidendi

Consent cannot be granted for either the Landscape DA or the Secondary Dwelling DA because the proposed development does not contribute to achieving the objectives of the E4 zone under the Willoughby Local Environmental Plan 2012 and does not comply with the height and floor space ratio requirements, nor does it justify variation to development standards under cl 4.6 of the 2012 LEP.

Court Disposition

Consent refused

Orders

  • ['The parties are directed to communicate by eCourt by 12.00 on Friday 18 July 2015 with an agreed date for a mention to discuss the further progress of the seven appeals.']