Kalisperis & ors v Canterbury City Council [2013] NSWLEC 1130

Kalisperis & ors v Canterbury City Council [2013] NSWLEC 1130

The as-built porch is visually intrusive and inconsistent with the established character and setbacks of the streetscape; some reduction in its length is necessary to achieve compliance, and retaining the structure in modified form satisfies the relevant planning objectives while limiting financial impact on the applicants.

Jurisdiction
Australia
Judgment Date
18 July 2013
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld subject to conditions
Legal Topics
['building Certificate' 'non Compliant Verandah' 'setback' 'visual Impact']
['planning and Environment'] ['building Certificate' 'non Compliant Verandah' 'setback' 'visual Impact']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the unauthorised verandah extension should receive a building certificate despite non-compliance with development controls and streetscape impact.']

Ratio Decidendi

The as-built porch is visually intrusive and inconsistent with the established character and setbacks of the streetscape; some reduction in its length is necessary to achieve compliance, and retaining the structure in modified form satisfies the relevant planning objectives while limiting financial impact on the applicants.

Court Disposition

Appeal upheld subject to conditions

Orders

  • ['The length of the verandah/porch extension must be reduced to 2.45m from the external dwelling wall as specified.' 'The southern wall of the porch is to be retained to maintain the existing gate.' 'The northern wall is to be removed consistent with the reduced length, and a handrail installed on the southern side...