Rodonna Properties Pty Ltd v Wollondilly Shire Council [2003] NSWLEC 259

> Land and Environment Court of New South Wales

CITATION : Rodonna Properties Pty Ltd v Wollondilly Shire Council [2003] NSWLEC 259 APPLICANT: Rodonna Properties Pty Ltd PARTIES : RESPONDENT: Wollondilly Shire Council FILE NUMBER(S) : 10546 of 2003 CORAM: Bly C KEY ISSUES: Development Application - Development Control Plan - Subdivision :- Strata title - medium density units - refusal· Character of area - amenity of dwellings - site arrangement and planning Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Rivers and Foreshores Improvements Act 1948 Wollondilly Local Environmental Plan 1991 CASES CITED: DATES OF HEARING: 19, 22 , 23 September 2003 DATE OF JUDGMENT: 10/29/2003

APPLICANT: Mr D Parry, barrister SOLICITORS Reimer Winter Williamson

LEGAL REPRESENTATIVES: RESPONDENT: Mr A Seton, solicitor SOLICITORS Marsdens Law Group

JUDGMENT:

In the Land and Heard by: Commissioner T A Bly Environment Court Decision date: 29 October 2003 of New South Wales

Rodonna Properties Pty Ltd v Wollondilly Shire Council

Judgment Introduction 1 This appeal relates to development application No. 1718/02 ("the application") for the demolition of an existing weatherboard dwelling and associated outbuildings, the removal of trees, the construction of twelve single-storey three-bedroom dwellings ("the proposal"), and the strata subdivision ("the subdivision") of the resulting medium density units, on part of lots 1 and 2 in DP 625492 being land at Nos. 19 and 21 Victoria Road, Thirlmere. 2 An existing detached dwelling house is to be retained on proposed Lot 102 which has been created as a result of an approved subdivision of Lots 1 and 2. This subdivision also created lot 101 with an area of 6,585 m2 which forms the site of the proposal ("the site "). 3 Five of the proposed detached dwelling houses are to be positioned along the northern portion of the site with the remaining seven dwellings positioned along the southern portion of the site. A central articulated driveway from Victoria Road provides access to the garages and visitor parking spaces. 4 Situated on the western side of Victoria Road the site has frontage of 22.4 m and a depth of 198 m. It backs onto Matthews Creek "(the creek") and a council reserve which includes the Lin Gordon Reserve ("the reserve") which is heavily treed in parts. The site has a fall of about 10 m from the street to the creek's embankment below which the land is flood liable and in part, swamp like. The site contains a number of large Casuarina trees mostly in the vicinity of the creek. Statutory Provisions 5 Under Wollondilly Local Environmental Plan 1991 ("the LEP") the site is zoned 2(a) Residential in which zone the proposed medium density development comprising multiple dwellings is permissible with development consent. Subdivision is also permissible with development consent. The 2(a) zone aims to: Provide an environment primarily for detached housing and to ensure that the range of other development permitted in a residential area is compatible with the residential environment.