Corben Architects v Gosford City Council [2006] NSWLEC 500

Corben Architects v Gosford City Council [2006] NSWLEC 500

The reduced height proposal has a reasonable view impact on neighbouring properties and, although it does not fully comply with the 4m upper floor height restriction in DCP 155, this breach does not cause relevant view obstruction. The roof height is much lower than the 10m limit.

Parties
Applicant: Corben Architects; Respondent: Gosford City Council
Jurisdiction
Australia
Judgment Date
28 August 2006
Procedural Posture
Appeal / Judgment
Outcome
Consent orders; appeal upheld
Legal Topics
Development Application, View Impact, Development Control Plan 155
Planning and Environment Development Application View Impact Development Control Plan 155

Case Brief

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Parties

Corben Architects

Applicant

Gosford City Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed alterations and additions result in unreasonable view impact on neighboring properties
  2. 2 Compliance with Development Control Plan 155 height requirements

Ratio Decidendi

The reduced height proposal has a reasonable view impact on neighbouring properties and, although it does not fully comply with the 4m upper floor height restriction in DCP 155, this breach does not cause relevant view obstruction. The roof height is much lower than the 10m limit.

Court Disposition

Consent orders; appeal upheld

Orders

  • The appeal is upheld.
  • Development application for alterations and additions to lot 245 DP 15679, known as 8 MacDonald Street, Killcare Heights is determined by the granting of consent subject to the conditions in Annexure A.