Valmorbida v Woollahra Municipal Council [2008] NSWLEC 8

Valmorbida v Woollahra Municipal Council [2008] NSWLEC 8

The under croft storage area was wholly within and below the proposed building envelope, would cause only a marginal 56 m2 basement floor space increase, would provide useful storage for the dwelling, would not alter the external appearance of the building, and would not adversely affect the streetscape or the DCP's desired future objectives; accordingly Condition C.1(b) should be amended to permit the under croft area for storage purposes only.

Jurisdiction
Australia
Judgment Date
23 January 2008
Procedural Posture
Section 97 Appeal Against a Condition Imposed in a Development Consent / Adjudication Following an Unsuccessful Section 34 Conference and Conciliation
Outcome
Appeal upheld.
Legal Topics
['development Application' 'floor Space Ratio' 'excavation' 'development Consent Conditions' 'residential Development Controls']
['planning and Environment Law'] ['development Application' 'floor Space Ratio' 'excavation' 'development Consent Conditions' 'residential Development Controls']

Case Brief

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Procedural Posture

Section 97 Appeal Against a Condition Imposed in a Development Consent / Adjudication Following an Unsuccessful Section 34 Conference and Conciliation

Legal Issues

  1. 1 ['Whether Condition C.1(b), requiring deletion of the under croft area on the basement level and that the area remain unexcavated, should be amended.' 'Whether the proposed under croft storage area caused unacceptable floor space ratio, excavation, bulk, scale or streetscape impacts.']

Ratio Decidendi

The under croft storage area was wholly within and below the proposed building envelope, would cause only a marginal 56 m2 basement floor space increase, would provide useful storage for the dwelling, would not alter the external appearance of the building, and would not adversely affect the streetscape or the DCP's desired future objectives; accordingly Condition C.1(b) should be amended to permit the under croft area for storage purposes only.

Court Disposition

Appeal upheld.

Orders

  • ['The appeal is upheld.' 'Condition C 1 (b) of development Consent No. 883/2006 is amended to permit the under croft area on the basement level, as shown in Drawing No. 0592 DA-03.' 'Such under croft area shall only be used for storage purposes.' 'The exhibits are returned.']