Chambers v Mosman MC [2005] NSWLEC 612

Chambers v Mosman MC [2005] NSWLEC 612

The Parriwi Road side courtyard justified the applicant's higher masonry fence because it served a private entertainment area, an open fence would require an impractically high hedge to provide privacy, the DCP allowed a high fence on a side boundary, and the design was not antipathetic to the existing streetscape of high masonry retaining walls. On the Cyprian Street frontage, however, open pike stave grille infill above the stone base and between stone piers was appropriate because the front garden should remain visible, approved landscaping could provide reasonable privacy, and public views and streetscape character would be better maintained. The appeal was therefore upheld in part...

Jurisdiction
Australia
Judgment Date
27 October 2005
Procedural Posture
Class 1 Appeal Concerning Conditions 2 and 3 of Development Consent No. 8.2004.186.1 for Street Boundary Fences / Ex Tempore Judgment
Outcome
Appeal upheld in part; deferred commencement consent granted; no orders as to costs.
Legal Topics
['development Application' 'street Boundary Fencing' 'streetscape' 'public Views' 'privacy' 'landscaping' 'deferred Commencement Consent']
['planning and Environment' 'development Consent'] ['development Application' 'street Boundary Fencing' 'streetscape' 'public Views' 'privacy' 'landscaping' 'deferred Commencement Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Conditions 2 and 3 of Development Consent No. 8.2004.186.1 for Street Boundary Fences / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the proposed fence was an appropriate design in terms of streetscape.' 'Whether the proposed fence interfered with public views.' 'Whether the development control plan and local environmental plan controls permitted the proposed balance between streetscape, public views and private privacy.']

Ratio Decidendi

The Parriwi Road side courtyard justified the applicant's higher masonry fence because it served a private entertainment area, an open fence would require an impractically high hedge to provide privacy, the DCP allowed a high fence on a side boundary, and the design was not antipathetic to the existing streetscape of high masonry retaining walls. On the Cyprian Street frontage, however, open pike stave grille infill above the stone base and between stone piers was appropriate because the front garden should remain visible, approved landscaping could provide reasonable privacy, and public views and streetscape character would be better maintained. The appeal was therefore upheld in part...

Court Disposition

Appeal upheld in part; deferred commencement consent granted; no orders as to costs.

Orders

  • ['The appeal is upheld in part.' "Deferred commencement consent is granted for street front fencing to No. 15 Cyprian Street, Balmoral subject to the plans in Exhibit A filed on 21 October 2005 with annotations therein, being amended to comply with the conditions in Annexure 'A' hereto that amend the conditions in...