McGowan v Leichhardt Council [2008] NSWLEC 60

McGowan v Leichhardt Council [2008] NSWLEC 60

The Court found it appropriate to require removal of one course of sandstone blocks from the rear terrace area to reduce bulk and scale and limit potential use as a trafficable, habitable area, and to require lilli pillis rather than grevilleas in planter boxes for better privacy screening, reflecting agreement on most conditions between the parties and resolving the two disputed conditions against the applicant.

Jurisdiction
Australia
Judgment Date
14 January 2008
Procedural Posture
Development Consent Modification Appeal / Final Decision After Hearing
Outcome
Appeal upheld in part
Legal Topics
['development Consent' 'modification Application' 'conditions of Approval' 'section 96 Environmental Planning and Assessment Act 1979']
['planning and Environment'] ['development Consent' 'modification Application' 'conditions of Approval' 'section 96 Environmental Planning and Assessment Act 1979']

Case Brief

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Procedural Posture

Development Consent Modification Appeal / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the proposed modifications to the development consent should be approved, including the type of planting in planter boxes and the height of the enclosing sandstone wall']

Ratio Decidendi

The Court found it appropriate to require removal of one course of sandstone blocks from the rear terrace area to reduce bulk and scale and limit potential use as a trafficable, habitable area, and to require lilli pillis rather than grevilleas in planter boxes for better privacy screening, reflecting agreement on most conditions between the parties and resolving the two disputed conditions against the applicant.

Court Disposition

Appeal upheld in part

Orders

  • ['Development consent modified subject to conditions: removal of one course of sandstone block from the rear terrace wall; planter box plantings to be lilli pillis.']