Bowden v Sutherland Shire Council [2004] NSWLEC 496

Bowden v Sutherland Shire Council [2004] NSWLEC 496

Although the applicant's design had some advantages, including a greater than normal front setback and retention of landscaped area, those matters did not overcome the requirement to achieve the objectives of cl 34(1)(a), (c) and (d) of Sutherland Shire Local Environmental Plan 2000. The proposal exceeded the 7.2 m height standard and presented as a third storey in a predominantly one and two storey locality, so the State Environmental Planning Policy No. 1 objection failed and the development was refused.

Jurisdiction
Australia
Judgment Date
01 September 2004
Procedural Posture
Class 1 Appeal Against Refusal of an Application for Alterations and Additions to a House / Judgment After Hearing and S34 Conference
Outcome
Appeal dismissed; development refused.
Legal Topics
['refusal of Development Application' 'height Exceedance' 'state Environmental Planning Policy No. 1 Objection' 'streetscape' 'desired Future Character of Locality' 'residential Zone Objectives']
['planning and Environment Law' 'development Consent'] ['refusal of Development Application' 'height Exceedance' 'state Environmental Planning Policy No. 1 Objection' 'streetscape' 'desired Future Character of Locality' 'residential Zone Objectives']

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Procedural Posture

Class 1 Appeal Against Refusal of an Application for Alterations and Additions to a House / Judgment After Hearing and S34 Conference

Legal Issues

  1. 1 ['Whether the proposed alterations and additions were unacceptable in terms of height, bulk and scale and would adversely impact the streetscape and character of the area.' 'Whether the dwelling contravened objectives and height provisions in cl 34 of Sutherland Shire Local Environmental Plan 2000, including the 7.2 m height limit to any point on the uppermost ceiling.' 'Whether the State Environmental Planning Policy No. 1 objection to the height exceedance should be upheld.' 'Whether the proposal achieved the objectives of the height standard notwithstanding the exceedance, and whether compliance was unreasonable in the circumstances.']

Ratio Decidendi

Although the applicant's design had some advantages, including a greater than normal front setback and retention of landscaped area, those matters did not overcome the requirement to achieve the objectives of cl 34(1)(a), (c) and (d) of Sutherland Shire Local Environmental Plan 2000. The proposal exceeded the 7.2 m height standard and presented as a third storey in a predominantly one and two storey locality, so the State Environmental Planning Policy No. 1 objection failed and the development was refused.

Court Disposition

Appeal dismissed; development refused.

Orders

  • ['The appeal is dismissed.' 'The exhibits are returned to the parties except Exhibit A and 5.']