Ashlar Golf Club Ltd v Blacktown City Council [2004] NSWLEC 753

Ashlar Golf Club Ltd v Blacktown City Council [2004] NSWLEC 753

The development application was refused because, although errant golf balls created a real safety and amenity issue and the proposed fence would provide some benefit, the fence would be a serious and intrusive visual impact on adjoining residential amenity, and reasonable alternatives were available within the golf club's power to substantially ameliorate the problem without erecting the proposed substantial fence.

Jurisdiction
Australia
Judgment Date
19 November 2004
Procedural Posture
Appeal Concerning Refusal of Development Application to Erect a Safety Screen/fencing at a Golf Course / Ex Tempore Judgment After Hearing
Outcome
Development application refused
Legal Topics
['development Application' 'golf Club Fencing' 'effect on Neighbouring Properties' 'safety' 'amenity' 'visual Impact']
['planning and Development' 'land and Environment'] ['development Application' 'golf Club Fencing' 'effect on Neighbouring Properties' 'safety' 'amenity' 'visual Impact']

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Procedural Posture

Appeal Concerning Refusal of Development Application to Erect a Safety Screen/fencing at a Golf Course / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed safety screen adjacent to and out from the tee of the fourteenth hole should be approved despite its effect on neighbouring properties.' 'Whether the safety and amenity benefits of reducing golf balls entering neighbouring properties outweighed the visual intrusion of the proposed structure.' 'Whether reasonable alternatives existed to address the safety and amenity issues without erecting the proposed fence.']

Ratio Decidendi

The development application was refused because, although errant golf balls created a real safety and amenity issue and the proposed fence would provide some benefit, the fence would be a serious and intrusive visual impact on adjoining residential amenity, and reasonable alternatives were available within the golf club's power to substantially ameliorate the problem without erecting the proposed substantial fence.

Court Disposition

Development application refused

Orders

  • ['The development application of the Ashlar Golf Club is refused.' 'The exhibits may be returned.']