Featurewood Homes Pty Ltd v Shoalhaven City Council [2004] NSWLEC 623

Featurewood Homes Pty Ltd v Shoalhaven City Council [2004] NSWLEC 623

The proposed modification changes only the height, with all other parts remaining the same as the original approval. The modification is substantially the same development as approved, and impacts on privacy, visual aspects, overshadowing, and heritage are not sufficient grounds for refusal.

Parties
Applicant: Featurewood Homes Pty Ltd; Respondent: Shoalhaven City Council
Jurisdiction
Australia
Judgment Date
04 November 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
Modification of Development Consent, Heritage Impact, Privacy, Visual Impact, Overshadowing
Planning and Development Law Modification of Development Consent Heritage Impact Privacy Visual Impact Overshadowing

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Parties

Featurewood Homes Pty Ltd

Applicant

Shoalhaven City Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed modification is substantially the same development as that approved
  2. 2 Overshadowing
  3. 3 Loss of privacy

Ratio Decidendi

The proposed modification changes only the height, with all other parts remaining the same as the original approval. The modification is substantially the same development as approved, and impacts on privacy, visual aspects, overshadowing, and heritage are not sufficient grounds for refusal.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • The application to modify development consent DA 02/1695 for the erection of two attached dwellings at 143 Princes Highway, Milton, is approved and modified as set out in Annexure 'A'.