Lasovase Pty Ltd v Wingecarribee Shire Council [2021] NSWLEC 1316

Lasovase Pty Ltd v Wingecarribee Shire Council [2021] NSWLEC 1316

The proposed development, including both the subdivision and the dwelling house, is a permissible use, complies with applicable planning controls, and the visual impacts on Lot 4 and Myra Vale Road are minor and insufficient to warrant refusal. The applications are consistent with the planning principles governing view sharing and environmental impact, and balancing those factors, consent should be granted subject to conditions.

Parties
Applicant: Lasovase Pty Ltd; Respondent: Wingecarribee Shire Council
Jurisdiction
Australia
Judgment Date
02 June 2021
Procedural Posture
Class 1 Development and Subdivision Appeal / Judgment After Hearing
Outcome
Appeals upheld; development applications approved subject to conditions
Legal Topics
Development Application, Subdivision, Visual Impact, Environmental Planning, View Sharing, Development Control Plans
Planning and Environment Development Application Subdivision Visual Impact Environmental Planning View Sharing Development Control Plans

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Parties

Lasovase Pty Ltd

Applicant

Wingecarribee Shire Council

Respondent

Procedural Posture

Class 1 Development and Subdivision Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether development application for dwelling and subdivision should be approved
  2. 2 Impact of proposed dwelling on views from neighbouring property (Lot 4) and public road (Myra Vale Road)
  3. 3 Consistency with objectives of Zone E3 – Environmental Management

Ratio Decidendi

The proposed development, including both the subdivision and the dwelling house, is a permissible use, complies with applicable planning controls, and the visual impacts on Lot 4 and Myra Vale Road are minor and insufficient to warrant refusal. The applications are consistent with the planning principles governing view sharing and environmental impact, and balancing those factors, consent should be granted subject to conditions.

Court Disposition

Appeals upheld; development applications approved subject to conditions

Orders

  • Appeal in Proceedings 2019/404313 upheld; Development application DA 20/0331 for dwelling house at Lot 1 DP 725832 granted consent subject to conditions in Annexure A
  • Appeal in Proceedings 2019/368567 upheld; Development application DA19/0963 for subdivision by boundary adjustment and consolidation granted consent subject to conditions in Annexure B