Michels v Sutherland Shire Council [2007] NSWLEC 391

Michels v Sutherland Shire Council [2007] NSWLEC 391

The proposal meets the objectives of cl 10.3 in the DCP and zone objectives in SREP 17. The height, bulk and scale are not so unacceptable as to be out of character with the streetscape, and the visual impact is minimised to an acceptable level. While the proposal is three storeys and does not comply with the numerical control, it maintains an outward appearance of two-storeys as required by the objectives.

Jurisdiction
Australia
Judgment Date
22 June 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
['section 96 Application' 'height and Bulk Impact' 'streetscape Character' 'development Control Compliance']
['planning and Environment Law'] ['section 96 Application' 'height and Bulk Impact' 'streetscape Character' 'development Control Compliance']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposal has an unacceptable impact on the streetscape' 'Whether the proposal complies with objectives for height and zone under SREP 17' 'Consistency with objectives of height control and zone objectives']

Ratio Decidendi

The proposal meets the objectives of cl 10.3 in the DCP and zone objectives in SREP 17. The height, bulk and scale are not so unacceptable as to be out of character with the streetscape, and the visual impact is minimised to an acceptable level. While the proposal is three storeys and does not comply with the numerical control, it maintains an outward appearance of two-storeys as required by the objectives.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'The application under s. 96 of the Environmental Planning and Assessment Act 1979 to modify development consent (00/1907) to construct a three-storey dwelling at 102 Prince Charles Parade, Kurnell is approved subject to the Conditions in Annexure "A".' 'The exhibits, except exhibits 1, 2, 4...