Pullen v North Sydney Council [2009] NSWLEC 1376

Pullen v North Sydney Council [2009] NSWLEC 1376

The incremental increase in height to the garage parapet does not materially impact the amenity of the neighbouring property with respect to solar access and shadowing, nor does it create unreasonable visual bulk. The modification arises from a need to correct garage functionality due to previously misstated site levels. The proposed modifications are consistent with relevant planning controls, do not breach objectives of the LEP or DCP, and warrant conditional consent.

Parties
Applicant: Mark Pullen; Respondent: North Sydney Council
Jurisdiction
Australia
Judgment Date
12 November 2009
Procedural Posture
Appeal / Judgment on Appeal Against Council Refusal of S 96 Development Modification
Outcome
Appeal upheld; modification application approved subject to conditions.
Legal Topics
Development Modification, Garage Within Front Set Back, Height, Streetscape, Visual Impacts
Planning and Environment Development Modification Garage Within Front Set Back Height Streetscape Visual Impacts

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Parties

Mark Pullen

Applicant

North Sydney Council

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Council Refusal of S 96 Development Modification

Legal Issues

  1. 1 Whether the increased height of the garage parapet and associated modifications should be approved under planning controls
  2. 2 Whether the modifications are consistent with the aims and objectives of the relevant planning controls
  3. 3 Whether visual and solar impacts on neighbouring property are sufficiently minimized

Ratio Decidendi

The incremental increase in height to the garage parapet does not materially impact the amenity of the neighbouring property with respect to solar access and shadowing, nor does it create unreasonable visual bulk. The modification arises from a need to correct garage functionality due to previously misstated site levels. The proposed modifications are consistent with relevant planning controls, do not breach objectives of the LEP or DCP, and warrant conditional consent.

Court Disposition

Appeal upheld; modification application approved subject to conditions.

Orders

  • The appeal is upheld.
  • The s 96 application to modify DA No 577.07 for building works at 12 Levick Street, Cremorne is approved subject to the conditions shown in the Consolidated Conditions of Consent contained in Annexure A.