Lee-Anne Dalley v Woollahra Municipal Council [2015] NSWLEC 1134

Lee-Anne Dalley v Woollahra Municipal Council [2015] NSWLEC 1134

Reducing the overall height to RL66.15, coupled with amendments made to the proposal, represents a fair balance between development potential and view sharing, ensuring only minor, acceptable view loss and compliance with planning objectives.

Parties
Applicant: Ms Lee-Anne Dalley; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
04 May 2015
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld in part
Legal Topics
Modification Applications, Building Height Standards, View Impact Assessment, Development Consent
Planning Law Modification Applications Building Height Standards View Impact Assessment Development Consent

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Parties

Ms Lee-Anne Dalley

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether deletion of condition requiring roof reduction by 1 metre would result in unreasonable impact on harbour views from adjoining properties

Ratio Decidendi

Reducing the overall height to RL66.15, coupled with amendments made to the proposal, represents a fair balance between development potential and view sharing, ensuring only minor, acceptable view loss and compliance with planning objectives.

Court Disposition

Appeal upheld in part

Orders

  • The appeal is upheld in part.
  • Development Consent No. 103/2014/1 is modified so that the overall height of the development is at RL66.15.