Okeby v Bega Valley Shire Council [2006] NSWLEC 540

Okeby v Bega Valley Shire Council [2006] NSWLEC 540

It is unreasonable for Lot 107 to maximise its views at the expense of Lot 106. Maintaining a setback of 7.5 m enables both properties to maintain views and achieves appropriate view sharing, consistent with relevant planning instruments and the principles in Tenacity Consulting v Warringah Council.

Parties
Applicant: Rosemary Hellena Okeby; Respondent: Bega Valley Shire Council
Jurisdiction
Australia
Judgment Date
21 August 2006
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; application to amend development consent refused.
Legal Topics
Development Consent, Amendment of Consent Conditions, View Sharing, Setback Requirements
Planning Law Environmental Law Development Consent Amendment of Consent Conditions View Sharing Setback Requirements

Case Brief

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Parties

Rosemary Hellena Okeby

Applicant

Bega Valley Shire Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Condition 2 of the development consent should be amended to allow a greater front setback for a dual occupancy development, impacting view corridors for adjoining properties
  2. 2 Whether the proposed development allows appropriate view sharing consistent with planning controls and principles

Ratio Decidendi

It is unreasonable for Lot 107 to maximise its views at the expense of Lot 106. Maintaining a setback of 7.5 m enables both properties to maintain views and achieves appropriate view sharing, consistent with relevant planning instruments and the principles in Tenacity Consulting v Warringah Council.

Court Disposition

Appeal dismissed; application to amend development consent refused.

Orders

  • The appeal is dismissed.
  • The s 96 application to amend development consent (2005.0464) for a dual occupancy development at Lot 107 Madeline Court, Tura Beach, is refused.