Bogatez v North Sydney C [2006] NSWLEC 174

Bogatez v North Sydney C [2006] NSWLEC 174

The amended plans and landscape plan, including canopy tree planting, retention of vegetation, a modified roofline and agreed conditions, satisfied the objectives of the relevant North Sydney Local Environmental Plan 2001 controls for building height, building height plane and landscaped area, adequately addressed foreshore and adjoining view impacts, and justified upholding the SEPP 1 objections and approving the amended development application by consent.

Jurisdiction
Australia
Judgment Date
06 April 2006
Procedural Posture
Development Application Appeal / Ex Tempore Judgment on Consent Orders
Outcome
Appeal upheld by consent; amended development application approved subject to conditions.
Legal Topics
['development Application' 'impact on Adjoining Properties' 'view Loss' 'foreshore Development' 'sepp 1 Objections' 'building Height Plane' 'building Height' 'landscaped Area' 'conservation Area']
['environmental Planning and Development'] ['development Application' 'impact on Adjoining Properties' 'view Loss' 'foreshore Development' 'sepp 1 Objections' 'building Height Plane' 'building Height' 'landscaped Area' 'conservation Area']

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Procedural Posture

Development Application Appeal / Ex Tempore Judgment on Consent Orders

Legal Issues

  1. 1 ['Whether amended plans for demolition of the existing dwelling and construction of a 3-storey dwelling, double garage and pool at 11 Gundimaine Avenue, Neutral Bay should be approved.' 'Whether SEPP 1 objections to maximum building height, building height plane and landscaped area controls should be upheld.' 'Whether amended landscaping and design adequately addressed foreshore impacts and view loss concerns from adjoining premises.']

Ratio Decidendi

The amended plans and landscape plan, including canopy tree planting, retention of vegetation, a modified roofline and agreed conditions, satisfied the objectives of the relevant North Sydney Local Environmental Plan 2001 controls for building height, building height plane and landscaped area, adequately addressed foreshore and adjoining view impacts, and justified upholding the SEPP 1 objections and approving the amended development application by consent.

Court Disposition

Appeal upheld by consent; amended development application approved subject to conditions.

Orders

  • ['The appeal in respect of the property known as 11 Gundimaine Avenue, Neutral Bay is upheld by consent.' 'The development application submitted to North Sydney Council and as amended shown in exhibits 7 and 8 is approved subject to the conditions contained in annexure A.' 'The exhibits are returned with the...