BT Goldsmith Planning Services Pty Ltd v Pittwater Council [2003] NSWLEC 323

BT Goldsmith Planning Services Pty Ltd v Pittwater Council [2003] NSWLEC 323

The proposed dwellings' height and bulk would adversely impact the streetscape and character of Grandview Drive due to excessive height above the allowable 10 m, domination over the remaining tree canopy, and inadequate landscape mitigation, thereby failing to comply with the objectives and controls of the Development Control Plan No. LP9.

Jurisdiction
Australia
Judgment Date
09 December 2003
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['development Application' 'building Height' 'streetscape' 'bulk and Scale' 'landscaped Area']
['planning Law' 'environmental Law'] ['development Application' 'building Height' 'streetscape' 'bulk and Scale' 'landscaped Area']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed dwellings would result in a loss of views for the adjoining property at the rear (No. 36 York Terrace)' 'Whether the development proposals would adversely impact upon the character and streetscape of Grandview Drive, considering height, bulk, scale, vegetation removal and proposed landscaping']

Ratio Decidendi

The proposed dwellings' height and bulk would adversely impact the streetscape and character of Grandview Drive due to excessive height above the allowable 10 m, domination over the remaining tree canopy, and inadequate landscape mitigation, thereby failing to comply with the objectives and controls of the Development Control Plan No. LP9.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Development applications Nos. 110/03 and 109/03 for the construction of a detached dwelling house on each of lots 48 and 49 being Nos. 95 and 97 Grandview Drive, Newport, are refused.' 'Exhibits B and C are retained.']