NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Dale v Blacktown City Council [2008] NSWLEC 1425
APPLICANT Robert and Colleen Dale PARTIES : RESPONDENT Blacktown City Council
FILE NUMBER(S) : 10754; 10755; 10756 of 2008
CORAM: Brown C
KEY ISSUES: Development Application :- three separate development applications for the erection of three dwellings on three separate lots - streetscape/character - bulk/scale - car parking
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Blacktown Local Environmental Plan 1998
DATES OF HEARING: 10/10/08
DATE OF JUDGMENT: 24 October 2008
APPLICANT Mr R Byrd, solicitor SOLICITORS P J Donnellan & Co LEGAL REPRESENTATIVES: RESPONDENT Ms M L Taylor, solicitor SOLICITORS Bartier Perry
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
24 October 2008
10754, 10755 and 10756 of 2008 Robert and Colleen Dale v Blacktown City Council
JUDGMENT 1 COMMISSIONER: These are three separate but related appeals against the refusal by Blacktown City Council (the council) of three separate development applications for the erection of three dwellings on three separate lots at 3 Waratah Street Rooty Hill (the site). The appeals were heard concurrently.
2 The contentions raised by the council relate to the unacceptable bulk and scale and the impact on the streetscape and character of the area and the unsuitable on-site car parking. Local residents raised additional issues of overlooking, overshadowing, inaccessibility for garbage trucks and insufficient off street parking. The site 3 The proposal comprises three lots, being: o Lot 3, Sec C, DP 2358 – DA–07–3311 (Appeal No 10754 of 2008), o Lot 4, Sec C, DP 2358 – DA–07–3312 (Appeal No 10755 of 2008), o Lot 5, Sec C, DP 2358 – DA–07–3313 (Appeal No 10756 of 2008). 4 Each lot has a frontage and rear boundary of 7.62 m and a depth of 33.53 m and an area of 252.9 sq m giving a total site area of 758.7 sq m. There is a fall from the Waratah Street frontage to the rear. The site is currently vacant with no significant trees.
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