Moss J. L. v Kiama Municipal Council [2003] NSWLEC 412

Moss J. L. v Kiama Municipal Council [2003] NSWLEC 412

The proposed dwelling, while large and two storeys high, is generally consistent with the aims and objectives of the Kiama LEP, DCP 35, and other relevant controls. It will not result in an unreasonable or unsatisfactory intrusion into the rural scenic landscape, does not create an undesirable precedent, and there is sufficient justification to permit a variation of the planning standards and covenants. Appropriate conditions regarding landscaping and finishes will ensure the development is compatible with its setting.

Jurisdiction
Australia
Judgment Date
22 December 2003
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'rural Scenic Protection' 'local Environmental Plans' 'development Control Plans' 'visual Impact']
['planning and Environment'] ['development Application' 'rural Scenic Protection' 'local Environmental Plans' 'development Control Plans' 'visual Impact']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed dwelling complies with relevant environmental, planning, and development controls' 'Whether the development is appropriate in terms of visual and landscape impact' 'Whether the proposal justifies variation of planning standards or covenants']

Ratio Decidendi

The proposed dwelling, while large and two storeys high, is generally consistent with the aims and objectives of the Kiama LEP, DCP 35, and other relevant controls. It will not result in an unreasonable or unsatisfactory intrusion into the rural scenic landscape, does not create an undesirable precedent, and there is sufficient justification to permit a variation of the planning standards and covenants. Appropriate conditions regarding landscaping and finishes will ensure the development is compatible with its setting.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['The appeal in respect of the property being lot 103 DP 1035721, Alne Bank Lane, Rose Valley, is upheld.' 'The development application submitted to Kiama Municipal Council, and as amended, for the erection of a dwelling house on the above land is determined by the granting of development consent subject to the...