Cape Cod Australia Pty Ltd v Willoughby City Council [2004] NSWLEC 341

Cape Cod Australia Pty Ltd v Willoughby City Council [2004] NSWLEC 341

The proposed development results in an unreasonable impact on primary views from No. 62 The Bulwark, fails to meet the objectives of view sharing and conservation area controls, does not justify a variation of the two-storey height under SEPP 1, and does not respond appropriately to the topography, scale, and bulk requirements, warranting refusal of consent both on SEPP 1 and on the merits.

Parties
Applicant: Cape Cod Australia Pty Ltd; Respondent: Willoughby City Council
Jurisdiction
Australia
Judgment Date
31 May 2004
Procedural Posture
Development Application Appeal / Appeal Under S 97 of the Environmental Planning and Assessment Act
Outcome
Appeal dismissed
Legal Topics
Development Application, Alterations and Additions, Environmental Planning and Assessment, Conservation Area, View Sharing, Development Standards, Building Height, Bulk and Scale
Planning and Environment Law Development Application Alterations and Additions Environmental Planning and Assessment Conservation Area View Sharing Development Standards Building Height +1 more

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Parties

Cape Cod Australia Pty Ltd

Applicant

Willoughby City Council

Respondent

Procedural Posture

Development Application Appeal / Appeal Under S 97 of the Environmental Planning and Assessment Act

Legal Issues

  1. 1 Whether the application should be approved having regard to a breach of cl 18A of the Willoughby LEP (two storey maximum)
  2. 2 Whether the SEPP 1 objection should be upheld
  3. 3 Effect of the proposal on the building height plane and set backs per DCP 16

Ratio Decidendi

The proposed development results in an unreasonable impact on primary views from No. 62 The Bulwark, fails to meet the objectives of view sharing and conservation area controls, does not justify a variation of the two-storey height under SEPP 1, and does not respond appropriately to the topography, scale, and bulk requirements, warranting refusal of consent both on SEPP 1 and on the merits.

Court Disposition

Appeal dismissed

Orders

  • The appeal in respect of the property known as No. 60 The Bulwark, Castlecrag, is dismissed.
  • The State Environmental Planning Policy No. 1 objection in respect of the storeys limitation is not allowed.