Gooley & Anor v Canada Bay C [2006] NSWLEC 162

Gooley & Anor v Canada Bay C [2006] NSWLEC 162

The proposal did not merit consent because its non-complying 3-storey presentation, excessive height, bulk and scale were inconsistent with the 2-storey height control and roof form objectives in the Drummoyne Comprehensive Development Control Plan 1999, created unsatisfactory visual impacts to the Parramatta River waterway, and caused cumulative unreasonable amenity impacts on adjoining residential properties, including moderate view loss and likely noise and lighting disamenity requiring impractical management controls.

Jurisdiction
Australia
Judgment Date
05 April 2006
Procedural Posture
Appeal Against Council's Refusal of a Development Application and Associated Appeal Concerning Deemed Refusal of a Building Certificate / Judgment After Hearing
Outcome
Appeal dismissed; development application refused; associated Building Certificate appeal referred to the Registrar for completion arrangements.
Legal Topics
['development Application for Rooftop Tennis Enclosure' 'height, Bulk and Scale' 'amenity Impacts' 'noise and Light Spill' 'privacy and View Loss' 'overshadowing' 'public Interest' 'building Certificate']
['planning and Environment' 'development Consent' 'land Use Planning'] ['development Application for Rooftop Tennis Enclosure' 'height, Bulk and Scale' 'amenity Impacts' 'noise and Light Spill' 'privacy and View Loss' 'overshadowing' 'public Interest' 'building Certificate']

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Procedural Posture

Appeal Against Council's Refusal of a Development Application and Associated Appeal Concerning Deemed Refusal of a Building Certificate / Judgment After Hearing

Legal Issues

  1. 1 ['Whether development consent should be granted for the construction of a floating pavilion roof or rooftop tennis enclosure and recreational use of the rooftop area until 10 p.m.' 'Whether the proposal complied adequately with the Drummoyne Comprehensive Development Control Plan 1999, including the 2-storey height control, setbacks, roof form and amenity controls.' 'Whether the proposal would cause unreasonable visual, view loss, noise, lighting, privacy, overshadowing or other amenity impacts on adjoining residential properties.' 'Whether the proposal would have unsatisfactory visual impacts when viewed from the Parramatta River waterway and foreshore.']

Ratio Decidendi

The proposal did not merit consent because its non-complying 3-storey presentation, excessive height, bulk and scale were inconsistent with the 2-storey height control and roof form objectives in the Drummoyne Comprehensive Development Control Plan 1999, created unsatisfactory visual impacts to the Parramatta River waterway, and caused cumulative unreasonable amenity impacts on adjoining residential properties, including moderate view loss and likely noise and lighting disamenity requiring impractical management controls.

Court Disposition

Appeal dismissed; development application refused; associated Building Certificate appeal referred to the Registrar for completion arrangements.

Orders

  • ['The appeal is dismissed.' 'Development application DA 34/2005, for the construction of a rooftop tennis enclosure and use of this area for recreational purposes, at No. 357 Victoria Place, Drummoyne, is refused.' 'The exhibits may be returned except for Exhibits 1, 2, 10, 11, 12, 13, 19, 21, A, B, F and N.']