Bown v Canada Bay City Council [2004] NSWLEC 739

Bown v Canada Bay City Council [2004] NSWLEC 739

The unauthorised garage extension and awning roof have an unreasonable adverse impact on the amenity of neighbours, particularly in terms of daylight and enclosure, and do not satisfy the objectives and performance criteria in the applicable development controls, even if minimum quantitative standards are met. The use of grey roof tiles is not unreasonable given the variety in the local area and the absence of heritage requirements. The order and conditions should be amended accordingly.

Parties
Applicant: Russell and Susan Bown; Respondent: Canada Bay City Council
Jurisdiction
Australia
Judgment Date
07 December 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeals upheld in part
Legal Topics
Development Application, Amenity Impacts, Daylight and Streetscape, Unauthorised Building Works
Planning and Environment Development Application Amenity Impacts Daylight and Streetscape Unauthorised Building Works

Case Brief

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Parties

Russell and Susan Bown

Applicant

Canada Bay City Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the garage extension and awning roof have unacceptable amenity impacts on neighbouring property
  2. 2 Whether the use of dark grey concrete roof tiles is acceptable compared to terracotta tiles required by consent
  3. 3 Compliance with Drummoyne Comprehensive Development Control Plan regarding wall length, setbacks, and solar access

Ratio Decidendi

The unauthorised garage extension and awning roof have an unreasonable adverse impact on the amenity of neighbours, particularly in terms of daylight and enclosure, and do not satisfy the objectives and performance criteria in the applicable development controls, even if minimum quantitative standards are met. The use of grey roof tiles is not unreasonable given the variety in the local area and the absence of heritage requirements. The order and conditions should be amended accordingly.

Court Disposition

Appeals upheld in part

Orders

  • In appeal 10797: Condition B of the s 96(1)(A) amendment is altered by deleting the reference to the unauthorised storage mezzanine added to the garage.
  • In appeal 10798: Order No. 15 under s 121B is amended by deleting the requirement to remove the unauthorised storage mezzanine from the garage.