Sarich v Ku-ring-gai Council [2005] NSWLEC 254

Sarich v Ku-ring-gai Council [2005] NSWLEC 254

The visual streetscape impact of the house was acceptable given it is a corner lot, and lowering the building by 500 mm would achieve little reduction. The flexible storey control under the Development Control Plan did not warrant enforcement in this case.

Jurisdiction
Australia
Judgment Date
13 May 2005
Procedural Posture
Class 1 Appeal / Judgment
Outcome
appeal upheld
Legal Topics
['development Consent' 'building Height' 'streetscape' 'size' 'bulk']
['planning and Environment'] ['development Consent' 'building Height' 'streetscape' 'size' 'bulk']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed building height causes undue impact on the streetscape so as to require reduction by a minimum of 500 mm.']

Ratio Decidendi

The visual streetscape impact of the house was acceptable given it is a corner lot, and lowering the building by 500 mm would achieve little reduction. The flexible storey control under the Development Control Plan did not warrant enforcement in this case.

Court Disposition

appeal upheld

Orders

  • ['Condition 5 of Development Consent No. DA 1032/04 is deleted.' 'Exhibits are returned to the parties except Exhibits 2 and 7.']