Gibson, P and Anor v Sutherland Shire Council [2007] NSWLEC 190

Gibson, P and Anor v Sutherland Shire Council [2007] NSWLEC 190

The appeal is upheld as the shade structure, if lowered by 320mm so the edge is no higher than 1.9m above ground and screened by a Syzigium hedge, is not so visually intrusive as to warrant refusal; the proposal with these conditions meets relevant planning controls and satisfactorily reduces amenity impact.

Parties
Applicant: Paul Gibson; Applicant: Julie Gibson; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
04 April 2007
Procedural Posture
Development Appeal / Hearing and Judgment
Outcome
appeal upheld; development application approved with conditions
Legal Topics
Development Application, Visual Impact, Building Height, Setbacks, Amenity, Landscaping, Appeal Under S 97 Environmental Planning and Assessment Act 1979
Planning Law Environmental Law Development Application Visual Impact Building Height Setbacks Amenity Landscaping +1 more

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Parties

Paul Gibson

Applicant

Julie Gibson

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Development Appeal / Hearing and Judgment

Legal Issues

  1. 1 Whether the proposed shade structure, as initially refused, would have unacceptable visual and amenity impacts on neighbouring properties
  2. 2 Whether the proposal satisfies or is contrary to the relevant planning instruments, including SSLEP2006 and RDCP, particularly concerning building height, setbacks, landscaping, and visual impacts
  3. 3 Whether new conditions (lowering of the shade structure and hedge provision) mitigate those impacts sufficiently

Ratio Decidendi

The appeal is upheld as the shade structure, if lowered by 320mm so the edge is no higher than 1.9m above ground and screened by a Syzigium hedge, is not so visually intrusive as to warrant refusal; the proposal with these conditions meets relevant planning controls and satisfactorily reduces amenity impact.

Court Disposition

appeal upheld; development application approved with conditions

Orders

  • The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.
  • Development application No DA05/0354 to erect a shade structure at Lot 2, DP 385010, No 144 Ewos Parade, Cronulla, is approved subject to conditions.