Dickinson Property Group Pty Ltd v Wollondilly Shire Council [2019] NSWLEC 1220

Land and Environment Court New South Wales

Medium Neutral Citation: Dickinson Property Group Pty Ltd v Wollondilly Shire Council [2019] NSWLEC 1220 Hearing dates: 26 March 2019 Date of orders: 23 May 2019 Decision date: 23 May 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the demolition of existing structures, the removal of trees and the construction of a two-storey multi-dwelling housing development containing 16 dwellings at 56-58 Carlton Road Thirlmere, together with associated stormwater drainage and civil works, landscaping and strata subdivision, subject to the conditions of consent in Annexure A. (3) Exhibits 1, 2, 3, 4, 6, G and L are returned. Catchwords: APPEAL – development application – multi-dwelling housing – area characterised by single dwelling housing – whether there is a requirement to respond to existing character – transition to low density residential zone – whether required to respond to heritage items or heritage conservation area located in the vicinity of the site – compliance with the provisions of the development control plan – design – amenity of the dwellings – objectives of the zone Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy No 55 —Remediation of Land Wollondilly Local Environmental Plan 2011 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Nessdee Pty Limited v Orange City Council [2017] NSWLEC 158 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Texts Cited: Draft Medium Density Design Guide (Department of Planning, 2017) Low Rise Medium Density Design Guide for Development Applications (Department of Planning, 2018) Wollondilly Development Control Plan 2016 Category: Principal judgment Parties: Dickinson Property Group Pty Ltd (First Applicant) Ruxley Bay No 3 Pty Ltd (Second Applicant) J & J Earthmoving Pty Ltd (Third Applicant) Prestige Building (NSW) Pty Ltd (Fourth Applicant) Wollondilly Shire Council (Respondent) Representation: Counsel: S Berveling (Applicants) F Berglund (Respondent)