Ergo Architecture and Interior v Woollahra Municipal Council [2007] NSWLEC 525

With the amended plans and conditions of consent, the proposal meets planning controls for height, setbacks, FSR, tree preservation, privacy, excavation, vehicular access and visual impact; the appeal is upheld and development consent granted.

Jurisdiction: Australia
Judgment Date: 05 June 2007
Procedural Posture: Appeal / Judgment
Outcome: Appeal upheld, development consent granted
Legal Topics: ['development Application' 'subdivision' 'demolition' 'dwelling Houses' 'boundary Adjustment' 'landscape' 'harbour Views' 'privacy' 'floor Space Ratio' 'excavation' 'vehicular Access' 'carparking' 'setbacks' 'height' 'fence' 'overshadowing' 'tree Preservation']

['planning Law' 'environmental Law'] ['development Application' 'subdivision' 'demolition' 'dwelling Houses' 'boundary Adjustment' 'landscape' 'harbour Views' 'privacy' 'floor Space Ratio' 'excavation' 'vehicular Access' 'carparking' 'setbacks' 'height' 'fence' 'overshadowing' 'tree Preservation']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Judgment

Legal Issues

1 ['Excessive floor space ratio' 'Failure to protect significant tree' 'Excessive excavation' 'Unsatisfactory vehicular access and car parking' 'Inadequate front and rear setbacks' 'Non-compliance with front height control' 'Neighbour concerns: view loss, privacy, overshadowing, building appearance']

Ratio Decidendi

Court Disposition

Appeal upheld, development consent granted

Orders

['Development consent is granted in accordance with the conditions in Exhibit 5 as amended.' 'Exhibit 5 and Exhibit B to be retained.']