Newey AJ v Willoughby CC [2003] NSWLEC 246

Newey AJ v Willoughby CC [2003] NSWLEC 246

The SEPP 1 objection to the height restriction was not well founded as the proposed development would significantly reduce solar access to the adjoining property at No. 36 from approximately three hours to one and a quarter hours, which was determinative and fatal to the application; consequently, both under SEPP 1 and a merits assessment, the development application fails.

Jurisdiction
Australia
Judgment Date
18 September 2003
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed, application refused
Legal Topics
['development Application' 'building Height' 'solar Access' 'state Environmental Planning Policy No. 1' 'willoughby Local Environmental Plan']
['planning and Environment'] ['development Application' 'building Height' 'solar Access' 'state Environmental Planning Policy No. 1' 'willoughby Local Environmental Plan']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed development should be approved despite exceeding storey and building height limitations in the Willoughby Local Environmental Plan and Development Control Plan' 'Whether the State Environmental Planning Policy No. 1 objection is well founded' 'Impact of the proposed development on solar access and streetscape']

Ratio Decidendi

The SEPP 1 objection to the height restriction was not well founded as the proposed development would significantly reduce solar access to the adjoining property at No. 36 from approximately three hours to one and a quarter hours, which was determinative and fatal to the application; consequently, both under SEPP 1 and a merits assessment, the development application fails.

Court Disposition

appeal dismissed, application refused

Orders

  • ['The appeal in respect of 38 Lower Cliff Avenue, Northbridge is dismissed.' 'The development application submitted to Willoughby City Council, and as amended, is determined by the refusal of consent.' 'The exhibits are returned.']