Bachir v Kogarah City Council [2013] NSWLEC 1124

Bachir v Kogarah City Council [2013] NSWLEC 1124

The modification to increase the building height breaches numerical controls of the RDG but, subject to further reductions of parapet height and street tree planting to reduce prominence, the resulting environmental impacts are minor and do not warrant refusal. Affected views from 6 East Street are not unreasonably lost, especially given their distant and oblique nature and the context of the locality's changing character.

Jurisdiction
Australia
Judgment Date
12 July 2013
Procedural Posture
Class 1 Appeal / Appeal Determination After Hearing
Outcome
Appeal upheld subject to conditions
Legal Topics
['modification Application' 'building Height' 'streetscape Impact' 'view Sharing' 'development Control Plan' 'statutory Interpretation']
['planning Law' 'environmental Law'] ['modification Application' 'building Height' 'streetscape Impact' 'view Sharing' 'development Control Plan' 'statutory Interpretation']

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Procedural Posture

Class 1 Appeal / Appeal Determination After Hearing

Legal Issues

  1. 1 ['Whether the proposed modification to increase building height is permissible and appropriate under applicable planning controls' 'Whether the increased height results in unacceptable visual impact on the streetscape' 'Whether the increased height unreasonably impacts views from neighbouring property at 6 East Street']

Ratio Decidendi

The modification to increase the building height breaches numerical controls of the RDG but, subject to further reductions of parapet height and street tree planting to reduce prominence, the resulting environmental impacts are minor and do not warrant refusal. Affected views from 6 East Street are not unreasonably lost, especially given their distant and oblique nature and the context of the locality's changing character.

Court Disposition

Appeal upheld subject to conditions

Orders

  • ['The appeal is upheld.' 'Modification application 347/2010/4 for Lot 110 DP 11660004, 59 Townson Street, Blakehurst, is approved subject to amended conditions including reductions in parapet height and street tree planting.' 'Exhibits except E and 1 are returned.']