Orfali & Anor v Wingecarribee Shire Council [2008] NSWLEC 1108

Orfali & Anor v Wingecarribee Shire Council [2008] NSWLEC 1108

The garage was acceptable because its visual and landscape impacts had to be assessed in the context set by the council's prior approval of the adjacent 80 m mid-dark brick dwelling with a red steel roof on the intermediate ridgeline. The limited public views were fleeting or from low-traffic locations, the garage would be viewed with the already approved dwelling, the relevant zone objective concerning subdivision and landform was not breached because the pad had already been levelled, and the tourism and scenic objectives were not breached in this context. The garage materials and form were sufficiently consistent with the approved dwelling, so development consent should be granted...

Jurisdiction
Australia
Judgment Date
20 February 2008
Procedural Posture
Development Application Appeal / Ex Tempore Judgment on Appeal Against Refusal of Development Application
Outcome
Appeal upheld in its entirety; development consent granted subject to conditions.
Legal Topics
['development Consent' 'rural Development' 'visual Impact' 'development Control Plan' 'landscape and Scenic Impacts']
['planning and Environment Law'] ['development Consent' 'rural Development' 'visual Impact' 'development Control Plan' 'landscape and Scenic Impacts']

Case Brief

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Procedural Posture

Development Application Appeal / Ex Tempore Judgment on Appeal Against Refusal of Development Application

Legal Issues

  1. 1 ['Whether development consent should be granted for a garage element connected to an already approved 80 m single storey dwelling in a rural valley.' 'Whether the proposed garage would be too bulky and prominent in the landscape when added to the approved dwelling.' 'Whether the proposal was acceptable having regard to the Rural 1A zone objectives and Development Control Plan 53 – Siting, Design and Landscaping for Development in Non-Urban Zones.' 'Whether views from public places, including Bibbys Lane and Greenhills Road, made the garage unacceptable in terms of horizon, ridgeline and scenic impacts.']

Ratio Decidendi

The garage was acceptable because its visual and landscape impacts had to be assessed in the context set by the council's prior approval of the adjacent 80 m mid-dark brick dwelling with a red steel roof on the intermediate ridgeline. The limited public views were fleeting or from low-traffic locations, the garage would be viewed with the already approved dwelling, the relevant zone objective concerning subdivision and landform was not breached because the pad had already been levelled, and the tourism and scenic objectives were not breached in this context. The garage materials and form were sufficiently consistent with the approved dwelling, so development consent should be granted...

Court Disposition

Appeal upheld in its entirety; development consent granted subject to conditions.

Orders

  • ['The appeal will be upheld in its entirety.' 'Development consent will be granted subject to the conditions filed by the council, with the addition agreed to by the parties permitting the lowering of the floor of the garage by a maximum of one metre to permit the option of agricultural machinery using it.']