Wright v Woollahra Municipal Council [2008] NSWLEC 1457

Wright v Woollahra Municipal Council [2008] NSWLEC 1457

The application was refused because the breach of the two-storey requirement, against the prevailing character and streetscape along Marine Parade, was not justified, outweighing height compliance and the desired character objectives in the context of the DCP and LEP 1995.

Parties
Applicant: Norman Wright; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
30 October 2008
Procedural Posture
Development Application Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Demolition, Alterations and Additions, Bulk and Scale, Front Fence, View Loss
Planning and Environment Law Development Application Demolition Alterations and Additions Bulk and Scale Front Fence View Loss

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Parties

Norman Wright

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Development Application Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed third storey breaches applicable planning controls and impacts character and streetscape
  2. 2 Whether the proposed development causes unacceptable view loss
  3. 3 Whether the proposed front fence complies with development controls

Ratio Decidendi

The application was refused because the breach of the two-storey requirement, against the prevailing character and streetscape along Marine Parade, was not justified, outweighing height compliance and the desired character objectives in the context of the DCP and LEP 1995.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • DA 08/0391 for alterations and additions to an existing dwelling house at 2 Marine Parade, Double Bay is refused.