Danzey v Waverley Council [2006] NSWLEC 231

Danzey v Waverley Council [2006] NSWLEC 231

The proposed lower level extensions extended beyond the predominant front building line, causing an unnecessary and undesirable impact on the streetscape and character of the area, so modification was required; however, the upper level could be retained because it was set back a considerable distance from the street and would not have any discernible streetscape impact, and the potential loss of views from 103 and 107 Hewlett Street was negligible even on the worst case roof-form scenario.

Jurisdiction
Australia
Judgment Date
06 June 2006
Procedural Posture
Appeal Against Refusal by Waverley Council of an Application to Modify Development Application No. 512/2004 for a Dual Occupancy Involving Alterations and Additions to an Existing Dwelling / On Site Hearing; Judgment
Outcome
The appeal was partly upheld and partly dismissed.
Legal Topics
['modification of Consent' 'front Building Line' 'streetscape and Character' 'setbacks' 'view Loss' 'dual Occupancy']
['planning and Environmental Law' 'development Consent'] ['modification of Consent' 'front Building Line' 'streetscape and Character' 'setbacks' 'view Loss' 'dual Occupancy']

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Procedural Posture

Appeal Against Refusal by Waverley Council of an Application to Modify Development Application No. 512/2004 for a Dual Occupancy Involving Alterations and Additions to an Existing Dwelling / On Site Hearing; Judgment

Legal Issues

  1. 1 ["Whether the applicant's amendments were acceptable in terms of streetscape and character of the area." "Whether the applicant's amendments unacceptably impacted on views from Hewlett Street."]

Ratio Decidendi

The proposed lower level extensions extended beyond the predominant front building line, causing an unnecessary and undesirable impact on the streetscape and character of the area, so modification was required; however, the upper level could be retained because it was set back a considerable distance from the street and would not have any discernible streetscape impact, and the potential loss of views from 103 and 107 Hewlett Street was negligible even on the worst case roof-form scenario.

Court Disposition

The appeal was partly upheld and partly dismissed.

Orders

  • ['The appeal is partly upheld and partly dismissed.' 'Development consent dated 27 September, 2005 issued by Waverley Council to Development Application DA512/2004 for conversion of the existing dwelling at 7 Bronte Marine Drive, Bronte, to a dual occupancy and alterations and additions (the consent) is amended by...