Coble Stephens Architects v Shellharbour City Council [2006] NSWLEC 550

Coble Stephens Architects v Shellharbour City Council [2006] NSWLEC 550

The amended development was permissible with consent in the 2A zone and complied with the numerical requirements of the applicable planning documents, and its overshadowing, privacy and tree impacts were acceptably addressed. However, compliance with SEPP 71 required the built form to better respect the historically observed informal coastal building line; after the applicant agreed to set the leading edge and wall further west and redesign the balcony to follow the escarpment line, the Court was satisfied the appeal should be upheld by consent and development consent granted on revised plans subject to conditions.

Jurisdiction
Australia
Judgment Date
01 September 2006
Procedural Posture
Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application 362 of 2005 / Ex Tempore Judgment on Proposed Consent Orders
Outcome
Appeal upheld by consent; development application to be granted development consent on revised plans subject to conditions, with directions made for filing revised plans and conditions.
Legal Topics
['development Application' 'development Consent' 'consent Orders' 'coastal Development' 'building Line' 'state Environmental Planning Policy 71' 'development Control Plans' 'tree Protection Conditions' 'landscape Protection Deposit']
['planning and Environment Law'] ['development Application' 'development Consent' 'consent Orders' 'coastal Development' 'building Line' 'state Environmental Planning Policy 71' 'development Control Plans' 'tree Protection Conditions' 'landscape Protection Deposit']

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Procedural Posture

Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application 362 of 2005 / Ex Tempore Judgment on Proposed Consent Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for the amended attached dual occupancy, swimming pool and separate garage/rumpus room structure at 38 Wollongong Street, Shellharbour.' 'Whether the amended proposal complied with applicable planning controls, including the Shellharbour Local Environmental Plan 2000, State Environmental Planning Policy 71, the Residential Infill Development Control Plan and the Residential Development Control Plan.' 'Whether the proposal appropriately observed the informal coastal building line and protected coastal visual amenity and beach amenity.' 'Whether overshadowing, privacy impacts and impacts on nearby Norfolk Island Pine trees were acceptably addressed.' 'Whether proposed condition 59 requiring a $500 landscape protection deposit should be deleted.']

Ratio Decidendi

The amended development was permissible with consent in the 2A zone and complied with the numerical requirements of the applicable planning documents, and its overshadowing, privacy and tree impacts were acceptably addressed. However, compliance with SEPP 71 required the built form to better respect the historically observed informal coastal building line; after the applicant agreed to set the leading edge and wall further west and redesign the balcony to follow the escarpment line, the Court was satisfied the appeal should be upheld by consent and development consent granted on revised plans subject to conditions.

Court Disposition

Appeal upheld by consent; development application to be granted development consent on revised plans subject to conditions, with directions made for filing revised plans and conditions.

Orders

  • ['The applicant is to file revised agreed plans by the close of business on 13 September 2006.' 'The respondent is to file agreed revised conditions by the close of business on 13 September 2006.' 'The matter is set down for call over before the Registrar on 20 September 2006.' 'Liberty to re-list before me on two...