Lavidis and onr v Great Lakes Council [2004] NSWLEC 518

Lavidis and onr v Great Lakes Council [2004] NSWLEC 518

The proposed development does not satisfactorily address the important aspect of view sharing under the planning controls. The impact on the loss of ocean views from Mr Wise's property is unacceptable, tipping the balance too much in favour of the applicant, contrary to the relevant DCP objectives and performance criteria.

Parties
Applicant: Anthony Lavidis; Applicant: Russel Pyke; Respondent: Great Lakes Council
Jurisdiction
Australia
Judgment Date
27 August 2004
Procedural Posture
Development Appeal / Judgment
Outcome
The appeals are dismissed and the development application and associated subdivision are refused.
Legal Topics
Development Applications, Loss of Views, Local Planning Instruments
Planning Law Environmental Law Development Applications Loss of Views Local Planning Instruments

Case Brief

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Parties

Anthony Lavidis

Applicant

Russel Pyke

Applicant

Great Lakes Council

Respondent

Procedural Posture

Development Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed alterations and additions to an existing unit should be approved having regard to the loss of views from neighbouring properties and the planning controls applicable to the site.

Ratio Decidendi

The proposed development does not satisfactorily address the important aspect of view sharing under the planning controls. The impact on the loss of ocean views from Mr Wise's property is unacceptable, tipping the balance too much in favour of the applicant, contrary to the relevant DCP objectives and performance criteria.

Court Disposition

The appeals are dismissed and the development application and associated subdivision are refused.

Orders

  • Appeal No. 10275 of 2004 is dismissed. Development Application 1173/03 for additions to 1/166 Boomerang Drive, Boomerang Beach is refused.
  • Appeal No. 10959 of 2004 is dismissed. The subdivision associated with DA 1173/03 for additions to 1/166 Boomerang Drive, Boomerang Beach is refused.