Belzer v Central Coast Council [2016] NSWLEC 1462

Belzer v Central Coast Council [2016] NSWLEC 1462

Deletion of condition 6.2 would give rise to unacceptable impacts on views from neighbouring properties, including significant loss of beach and water interface views; the retention of vegetation height limits is necessary to prevent severe to devastating impacts, and relaxation would risk complicating maintenance and harm first floor views.

Parties
Applicant: Eric Belzer; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
28 September 2016
Procedural Posture
Appeal Class 1 (land and Environment Court Nsw) / Final Orders After Hearing (post Conciliation)
Outcome
Appeal partially upheld.
Legal Topics
Conditions of Consent, View Loss, Landscape Vegetation Height Limits, Appeals Under Environmental Planning and Assessment Act 1979
Planning and Environment Law Conditions of Consent View Loss Landscape Vegetation Height Limits Appeals Under Environmental Planning and Assessment Act 1979

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Parties

Eric Belzer

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal Class 1 (land and Environment Court Nsw) / Final Orders After Hearing (post Conciliation)

Legal Issues

  1. 1 Whether condition 4.5 and condition 6.2 of the development consent should be deleted or retained
  2. 2 Impact of vegetation height limits on maintenance of views from neighbouring properties

Ratio Decidendi

Deletion of condition 6.2 would give rise to unacceptable impacts on views from neighbouring properties, including significant loss of beach and water interface views; the retention of vegetation height limits is necessary to prevent severe to devastating impacts, and relaxation would risk complicating maintenance and harm first floor views.

Court Disposition

Appeal partially upheld.

Orders

  • The appeal is partially upheld.
  • Condition 4.5 of the conditions of consent for Development Application 47218/2015 Part 1 is deleted.