Delamont v Hornsby SC [2005] NSWLEC 384

Delamont v Hornsby SC [2005] NSWLEC 384

The Court was satisfied that the privacy impact of the dining room balcony was acceptable because of the separation from the adjoining property, and that the amended master bedroom balcony dimensions would provide modest additional privacy protection. In light of the recalculated Floor Space Ratio, accepted expert recommendations, and agreed balcony amendment, the Court was prepared to make consent orders upholding the appeal and granting approval subject to agreed conditions once amended plans were filed and served.

Jurisdiction
Australia
Judgment Date
07 July 2005
Procedural Posture
Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application 864/04 / Ex Tempore Judgment on Proposed Consent Orders and Directions
Outcome
Directions made; the Court indicated it would make consent orders upholding the appeal and granting approval after receipt of revised plans incorporating the agreed amendments.
Legal Topics
['development Application Appeal' 'dwelling Renovations and Extensions' 'consent Orders' 'neighbour Objection' 'privacy Impacts' 'floor Space Ratio']
['planning and Environment Law'] ['development Application Appeal' 'dwelling Renovations and Extensions' 'consent Orders' 'neighbour Objection' 'privacy Impacts' 'floor Space Ratio']

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Procedural Posture

Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application 864/04 / Ex Tempore Judgment on Proposed Consent Orders and Directions

Legal Issues

  1. 1 ['Whether consent should be granted for renovations and extensions of a dwelling house at 7 Duntroon Avenue, Epping.' 'Whether the proposal required an objection under State Environmental Planning Policy No. 1 because of Floor Space Ratio exceedance.' 'Whether the proposed balconies would have acceptable privacy impacts on the adjoining rear neighbour.']

Ratio Decidendi

The Court was satisfied that the privacy impact of the dining room balcony was acceptable because of the separation from the adjoining property, and that the amended master bedroom balcony dimensions would provide modest additional privacy protection. In light of the recalculated Floor Space Ratio, accepted expert recommendations, and agreed balcony amendment, the Court was prepared to make consent orders upholding the appeal and granting approval subject to agreed conditions once amended plans were filed and served.

Court Disposition

Directions made; the Court indicated it would make consent orders upholding the appeal and granting approval after receipt of revised plans incorporating the agreed amendments.

Orders

  • ['The matter is set down for callover before the Registrar on 10 August 2005.' "The applicant is directed to file and serve a set of revised plans incorporating the amendments discussed in this decision, such plans to be filed and served within fourteen days of today's date." 'If the revised plans are filed and...