Moran v Wingecarribee Shire Council [2004] NSWLEC 438

Moran v Wingecarribee Shire Council [2004] NSWLEC 438

The proposal in its present form did not warrant approval because the apartments had not been sited and designed to maximise solar access, and the arrangement of buildings, particularly to the south of Craigieburn, failed to provide sufficient separation and landscaped setting for the locally significant Craigieburn residence and its setting. Although the SEPP 1 objection to the technical height exceedance was well founded and site modification was not itself a ground for refusal, the overall proposal was refused.

Jurisdiction
Australia
Judgment Date
11 August 2004
Procedural Posture
Development Application Appeal / Judgment After Hearing of Appeal From Deemed Refusal
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'sepp 5 Housing for Older People or People With a Disability' 'heritage Significance' 'solar Access' 'building Height' 'site Modification']
['planning and Environment Law'] ['development Application' 'sepp 5 Housing for Older People or People With a Disability' 'heritage Significance' 'solar Access' 'building Height' 'site Modification']

Case Brief

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Procedural Posture

Development Application Appeal / Judgment After Hearing of Appeal From Deemed Refusal

Legal Issues

  1. 1 ['Whether proposed dwellings 1-9 would adversely affect the area south of Craigieburn and west of the existing access driveway, taking into account any heritage significance of Craigieburn and the importance of this part of the site and its setting.' 'Whether the proposed dwellings would receive satisfactory solar access, taking into account the requirements of SEPP 5 and AMCORD.' 'Whether the introduction of skylights and changes to the ceiling exceeded the height control.' 'Whether the extent of cut and fill had an acceptable impact.']

Ratio Decidendi

The proposal in its present form did not warrant approval because the apartments had not been sited and designed to maximise solar access, and the arrangement of buildings, particularly to the south of Craigieburn, failed to provide sufficient separation and landscaped setting for the locally significant Craigieburn residence and its setting. Although the SEPP 1 objection to the technical height exceedance was well founded and site modification was not itself a ground for refusal, the overall proposal was refused.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'The development application to construct 27 aged housing units under State Environmental Planning Policy No 5 at Craigieburn, Centennial Road, Bowral, is determined by refusal.' 'The exhibits are returned.']