Lea G & Anor v Waverley Council [2007] NSWLEC 617

Lea G & Anor v Waverley Council [2007] NSWLEC 617

The proposal exceeded the WDCP floor space ratio and wall height controls, did not appropriately respond to setback controls, and was too bulky. Reducing the depth and redesigning the development would improve views, daylight, separation and privacy. The proposed development would cause unreasonable and unnecessary view impacts from No 9 Kent Street, and the redesign required was too substantial for deferred commencement consent, so the appeal was dismissed and consent refused.

Jurisdiction
Australia
Judgment Date
17 September 2007
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Ex Tempore Judgment After Hearing
Outcome
Appeal dismissed; development application refused consent.
Legal Topics
['development Application' 'bulk, Height and Scale' 'floor Space Ratio' 'wall Height' 'setbacks' 'amenity Impacts' 'view Loss' 'dual Occupancy']
['planning and Environment Law' 'development Consent'] ['development Application' 'bulk, Height and Scale' 'floor Space Ratio' 'wall Height' 'setbacks' 'amenity Impacts' 'view Loss' 'dual Occupancy']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether development application No DA206/2005 for demolition of the existing dwelling and erection of two attached dwellings should be approved despite non-compliance with planning controls.' 'Whether the proposed development had excessive bulk, height and scale.' 'Whether the proposed development would cause unreasonable amenity impacts, including view loss, daylight and privacy impacts.']

Ratio Decidendi

The proposal exceeded the WDCP floor space ratio and wall height controls, did not appropriately respond to setback controls, and was too bulky. Reducing the depth and redesigning the development would improve views, daylight, separation and privacy. The proposed development would cause unreasonable and unnecessary view impacts from No 9 Kent Street, and the redesign required was too substantial for deferred commencement consent, so the appeal was dismissed and consent refused.

Court Disposition

Appeal dismissed; development application refused consent.

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is dismissed.' 'Development application No DA206/2005 lodged with the respondent council on 14 April 2005 to demolish an existing dwelling and to erect two new attached dwellings, at Lot 14, Section 2, DP 770, being No 11 Kent Street,...