Argent & Anor v North Sydney Council [2011] NSWLEC 1171

Argent & Anor v North Sydney Council [2011] NSWLEC 1171

The objection to the building height plane standard is not well founded because the development would produce material overshadowing of the adjoining property in contravention of clause 18(5) of the LEP. Therefore, development consent could not be granted under SEPP 1.

Parties
Applicants: Peter and Lynette Argent; Respondent: North Sydney Council
Jurisdiction
Australia
Judgment Date
28 June 2011
Procedural Posture
Appeal (class 1) Development Application / Final Determination Post Conciliation Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Application, Building Height Plane, Overshadowing, Bulk and Scale, Tree Removal, SEPP 1 Objection
Planning and Environment Development Application Building Height Plane Overshadowing Bulk and Scale Tree Removal SEPP 1 Objection

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Parties

Peter and Lynette Argent

Applicants

North Sydney Council

Respondent

Procedural Posture

Appeal (class 1) Development Application / Final Determination Post Conciliation Hearing

Legal Issues

  1. 1 Whether the proposed development's breach of the building height plane and landscaping controls is acceptable under SEPP 1 and relevant planning instruments
  2. 2 Whether the overshadowing created is a 'material' impact under s18(5) of the North Sydney LEP
  3. 3 Whether the design causes privacy concerns to neighbouring property

Ratio Decidendi

The objection to the building height plane standard is not well founded because the development would produce material overshadowing of the adjoining property in contravention of clause 18(5) of the LEP. Therefore, development consent could not be granted under SEPP 1.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • The appeal is dismissed.
  • Development Application DA162/10 for alterations and additions to an existing dwelling at No 74 Ellalong Road, Cremorne is refused.