Dodaro Robert v City of Canada Bay Council [2008] NSWLEC 1406

Dodaro Robert v City of Canada Bay Council [2008] NSWLEC 1406

The proposed dual occupancy development satisfies relevant planning objectives and controls when assessed holistically. The impact on views is not unreasonable compared to a complying development. With amendments to lower the building height and removal of the nib wall, the proposal does not warrant refusal due to view loss, bulk, scale, or impact on heritage or foreshore access. Landscaping and retention of trees appropriately mitigate environmental and visual impacts.

Jurisdiction
Australia
Judgment Date
15 October 2008
Procedural Posture
Appeal Development Application / Judgment After Former Section 34 Conciliation Conference (determination Under S 34(5) Land and Environment Court Act)
Outcome
Development application approved, subject to deferred commencement conditions.
Legal Topics
['development Application' 'dual Occupancy' 'view Loss' 'foreshore Access' 'impact on Heritage Item' 'floor Space Ratio' 'height Controls']
['planning and Environment'] ['development Application' 'dual Occupancy' 'view Loss' 'foreshore Access' 'impact on Heritage Item' 'floor Space Ratio' 'height Controls']

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Procedural Posture

Appeal Development Application / Judgment After Former Section 34 Conciliation Conference (determination Under S 34(5) Land and Environment Court Act)

Legal Issues

  1. 1 ['Whether the proposed dual occupancy development causes unreasonable view loss to adjoining properties.' 'Whether the proposed development complies with planning controls relating to height, bulk, scale, setbacks, and floor space ratio.' 'Impact of the development on the heritage significance and setting of Battersea Park.' 'Whether the development should provide public foreshore access.' 'Whether the appearance from the waterway and impact on foreshore environment is appropriate.']

Ratio Decidendi

The proposed dual occupancy development satisfies relevant planning objectives and controls when assessed holistically. The impact on views is not unreasonable compared to a complying development. With amendments to lower the building height and removal of the nib wall, the proposal does not warrant refusal due to view loss, bulk, scale, or impact on heritage or foreshore access. Landscaping and retention of trees appropriately mitigate environmental and visual impacts.

Court Disposition

Development application approved, subject to deferred commencement conditions.

Orders

  • ['Development application for two attached dual occupancy buildings on Lots 7 and 8 approved, subject to deferred commencement.' 'Amended architectural plans to be submitted showing a reduction in height of foreshore buildings by 350 mm and deletion of nib wall on northern wall of garage.' 'Longitudinal section for...