Aldred v Woollahra Municipal Council [2007] NSWLEC 472

Aldred v Woollahra Municipal Council [2007] NSWLEC 472

The proposed stairs and wall on the boundary were not in keeping with the streetscape and intentions of the DCP, but the impacts on the adjoining property would not be unreasonable if the sandstone wall were set back 750mm from the common boundary and softened by appropriate landscaping. On that basis, the appeal was upheld in part and the modification application as amended was granted consent subject to conditions.

Jurisdiction
Australia
Judgment Date
13 July 2007
Procedural Posture
Appeal Under S 96(6) of the Environmental Planning and Assessment Act 1979 Against Woollahra Council's Refusal of a Development Application/modification Application / Onsite Hearing Under S 34(b) of the Land and Environment Court Act and Determination
Outcome
Appeal upheld in part; s 96 modification application as amended granted consent subject to conditions.
Legal Topics
['section 96 Modification' 'streetscape Impact' 'impact on Adjoining Property' 'development Control Plan Setbacks' 'landscaping and Visual Amenity']
['planning and Environment' 'development Control'] ['section 96 Modification' 'streetscape Impact' 'impact on Adjoining Property' 'development Control Plan Setbacks' 'landscaping and Visual Amenity']

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Procedural Posture

Appeal Under S 96(6) of the Environmental Planning and Assessment Act 1979 Against Woollahra Council's Refusal of a Development Application/modification Application / Onsite Hearing Under S 34(b) of the Land and Environment Court Act and Determination

Legal Issues

  1. 1 ['Whether the proposed relocation of stairs and associated sandstone wall to or near the western boundary should be approved as a s 96 modification' 'Whether the proposal was consistent with the Woollahra Residential DCP 2003, including side boundary setback controls and streetscape objectives' 'Whether the proposal would create unreasonable impacts on the adjoining property at No. 14, including sense of enclosure, privacy, light and amenity' 'Whether a 750mm setback with landscaping would adequately soften and mitigate the impact of the proposed sandstone wall']

Ratio Decidendi

The proposed stairs and wall on the boundary were not in keeping with the streetscape and intentions of the DCP, but the impacts on the adjoining property would not be unreasonable if the sandstone wall were set back 750mm from the common boundary and softened by appropriate landscaping. On that basis, the appeal was upheld in part and the modification application as amended was granted consent subject to conditions.

Court Disposition

Appeal upheld in part; s 96 modification application as amended granted consent subject to conditions.

Orders

  • ['The appeal under s 96(6) of the Environmental Planning Assessment Act is upheld in part.' 'The s 96 modification application submitted to Woollahra Council and as amended, is determined by the granting of consent and subject to conditions. The conditions initially attached to the development consent, except for...