Fegan v Lane Cove Council [2008] NSWLEC 1171

Fegan v Lane Cove Council [2008] NSWLEC 1171

The modified pool deck was acceptable subject to amended conditions because the separation distance and reduced coping width meant it would not significantly affect the adjoining occupants' privacy, while an additional 2.5 metre eastern setback and restricting landscaping to pool coping height would maintain an unrestricted view corridor from parts of the adjoining lounge room to Gore Creek and Lane Cove River. Other asserted non-compliances and impacts did not justify refusal or further reduction of the deck.

Jurisdiction
Australia
Judgment Date
29 April 2008
Procedural Posture
Appeal Against Conditions Imposed by Council for Modification of Development Consent / Judgment After Hearing
Outcome
Approved subject to amended conditions, with short minutes of order and amended conditions to be provided by close of business on 2 May 2008.
Legal Topics
['development Consent Modification' 'residential Development' 'swimming Pool and Deck' 'privacy and Overlooking' 'view Loss' 'floor Space Ratio' 'setbacks and Height Controls']
['planning and Environment Law'] ['development Consent Modification' 'residential Development' 'swimming Pool and Deck' 'privacy and Overlooking' 'view Loss' 'floor Space Ratio' 'setbacks and Height Controls']

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Procedural Posture

Appeal Against Conditions Imposed by Council for Modification of Development Consent / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the modified swimming pool and deck would cause unacceptable overlooking or loss of privacy to the adjoining property at 50A Cliff Road.' 'Whether the modified pool deck would cause unacceptable loss of views to Gore Creek and Lane Cove River from the adjoining property.' 'Whether non-compliance with setback, height and deck width requirements in the Lane Cove Code warranted further amendment or refusal.' 'Whether landscaping controls should be amended to preserve views over the pool deck.']

Ratio Decidendi

The modified pool deck was acceptable subject to amended conditions because the separation distance and reduced coping width meant it would not significantly affect the adjoining occupants' privacy, while an additional 2.5 metre eastern setback and restricting landscaping to pool coping height would maintain an unrestricted view corridor from parts of the adjoining lounge room to Gore Creek and Lane Cove River. Other asserted non-compliances and impacts did not justify refusal or further reduction of the deck.

Court Disposition

Approved subject to amended conditions, with short minutes of order and amended conditions to be provided by close of business on 2 May 2008.

Orders

  • ['The deck is to have an extra 2.5 metre setback from the eastern boundary.' 'The landscaping condition is to be amended to limit landscaping to the height of the pool coping rather than 1.2 metres above the pool coping.' 'Short minutes of order and the amended conditions are to be provided by close of business on...