Wallis v Hornsby Shire Council [2006] NSWLEC 122

Wallis v Hornsby Shire Council [2006] NSWLEC 122

The proposed alterations and additions, though complying with height and setback controls, would result in unacceptable overshadowing and loss of solar access to neighbouring properties, thus failing to meet the objectives of the DCP and must be refused.

Parties
Applicant: Olga Wallis; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
13 March 2006
Procedural Posture
Development Application Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Development Applications, Solar Access, Local Environmental Plan, Development Control Plan
Planning Law Environmental Law Development Applications Solar Access Local Environmental Plan Development Control Plan

Case Brief

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Parties

Olga Wallis

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Development Application Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed alterations and additions to the dwelling cause unacceptable loss of solar access to adjoining properties in breach of the Development Control Plan

Ratio Decidendi

The proposed alterations and additions, though complying with height and setback controls, would result in unacceptable overshadowing and loss of solar access to neighbouring properties, thus failing to meet the objectives of the DCP and must be refused.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Development Application No. 832/05 for alterations and additions to an existing dwelling at 2 Schofield Parade, Pennant Hills is refused.