Kamenev v Woollahra Municipal Council (No 2) [2018] NSWLEC 1228

Kamenev v Woollahra Municipal Council (No 2) [2018] NSWLEC 1228

The proposal would have a significant and detrimental impact on the harbour views enjoyed from the ground floor of 28 Coolong Road, amounting to a monopolisation of views contrary to the equitable view sharing objectives and controls in the planning instruments. This impact was not sufficiently mitigated by the proposal's compliance with height controls or by any modification offer. Public views would also be adversely affected. The appeal must therefore be dismissed.

Jurisdiction
Australia
Judgment Date
15 May 2018
Procedural Posture
Class 1 Development Appeal / Judgment After Hearing
Outcome
Appeal dismissed
Legal Topics
['development Applications' 'view Sharing' 'impacts on Amenity' 'public and Private Views']
['planning Law' 'environmental Law'] ['development Applications' 'view Sharing' 'impacts on Amenity' 'public and Private Views']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed development unreasonably impacts on harbour views from neighbouring properties and the public domain' 'Whether the proposal complies with planning controls regarding view sharing' 'Whether the existing development consent is a relevant matter for consideration']

Ratio Decidendi

The proposal would have a significant and detrimental impact on the harbour views enjoyed from the ground floor of 28 Coolong Road, amounting to a monopolisation of views contrary to the equitable view sharing objectives and controls in the planning instruments. This impact was not sufficiently mitigated by the proposal's compliance with height controls or by any modification offer. Public views would also be adversely affected. The appeal must therefore be dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Development Application No. 487/2017 for the construction of a new dwelling at 13-15A Coolong Road, Vaucluse, is refused.' 'The exhibits, other than exhibits 1 and E, are returned.']