Jordan v North Sydney Council (No. 2) [2006] NSWLEC 246

Jordan v North Sydney Council (No. 2) [2006] NSWLEC 246

Condition J1 was retained because the additional overshadowing from the southern gable end would reduce solar access to the adjoining property, which was only 4 metres wide and had limited external open space, and those amenity impacts outweighed the applicant's concern about the roof design producing an unbalanced building form.

Jurisdiction
Australia
Judgment Date
09 May 2006
Procedural Posture
Appeal Against an Application Under S 96 of the Environmental Planning and Assessment Act 1979 to Modify a Development Consent / Ex Tempore Judgment After on Site Hearing
Outcome
Appeal dismissed
Legal Topics
['modification of Development Consent' 'roof Design' 'overshadowing' 'bulk' 'amenity Impacts']
['planning and Environment Law'] ['modification of Development Consent' 'roof Design' 'overshadowing' 'bulk' 'amenity Impacts']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Against an Application Under S 96 of the Environmental Planning and Assessment Act 1979 to Modify a Development Consent / Ex Tempore Judgment After on Site Hearing

Legal Issues

  1. 1 ['Whether Condition J1 of the development consent requiring the southern part of the proposed roof to be hipped should be retained.' "Whether the additional overshadowing and bulk from retaining a southern gable end outweighed the applicant's design concerns about an unbalanced building form."]

Ratio Decidendi

Condition J1 was retained because the additional overshadowing from the southern gable end would reduce solar access to the adjoining property, which was only 4 metres wide and had limited external open space, and those amenity impacts outweighed the applicant's concern about the roof design producing an unbalanced building form.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Condition J1 of the development consent granted by the Land and Environment Court (Jordan v North Sydney Council [2003] NSWLEC 438) for an extension to an existing garage and a new roof at 50 Hayberry Road, Crows Nest on 10 November 2003 is retained.']