Holm v North Sydney Council [2007] NSWLEC 574

The wall should be of brick to match the house, but Mr Holm may have solid timber gates as his aural comfort, in terms of traffic noise reduction, overrides other considerations.

Parties: Applicant: Peter John Holm; Respondent: North Sydney Council
Jurisdiction: Australia
Judgment Date: 06 September 2007
Procedural Posture: Appeal / Judgment
Outcome: Appeal upheld in part
Legal Topics: Development Consent, Heritage, Fencing, Noise

Planning and Environment Law Development Consent Heritage Fencing Noise

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Parties

Peter John Holm

Applicant

North Sydney Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether Condition C2 of development consent relating to materials of boundary wall and gates should be upheld or varied

Ratio Decidendi

The wall should be of brick to match the house, but Mr Holm may have solid timber gates as his aural comfort, in terms of traffic noise reduction, overrides other considerations.

Court Disposition

Appeal upheld in part

Orders

Condition C2 of Consent 158/07 is deleted and replaced with: The front boundary wall should be face brickwork consistent with the character and colour of the existing house brickwork. The height is to be limited to a maximum 1.8m (including capitals). The gates are to be solid timber painted a neutral dark colour.