Paino v Woollahra Municipal Council [2002] NSWLEC 13

Paino v Woollahra Municipal Council [2002] NSWLEC 13

The foreshore building line in cl 22 of the Woollahra Local Environmental Plan 1995 is a development standard to which SEPP No. 1 applies. Approval of the terrace extension is justified given the ameliorative conditions proposed, the absence of significant visual or acoustic impact, and the objectives of the...

Source-derived case information.

Parties
Applicant: Salvatore Paino; Respondent: Woollahra Municipal Council; Intervener: Frank Lowy
Jurisdiction
Australia
Judgment Date
23 January 2002
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment at First Instance in the Land and Environment Court
Outcome
Appeal allowed; development consent granted with conditions.
Legal Topics
Development Consent, Modification Application, Acoustic and Visual Impact, Foreshore Building Line, Application of State Environmental Planning Policy No. 1
Planning and Environment Law Administrative Law Development Consent Modification Application Acoustic and Visual Impact Foreshore Building Line Application of State Environmental Planning Policy No. 1

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Parties

Salvatore Paino

Applicant

Woollahra Municipal Council

Respondent

Frank Lowy

Intervener

Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment at First Instance in the Land and Environment Court

Legal Issues

  1. 1 Whether the proposed terrace extension should be approved given concerns about adverse acoustic and visual privacy impacts and possible contravention of the foreshore building line development standard
  2. 2 Whether the foreshore building line in cl 22 of the Woollahra Local Environmental Plan 1995 is a development standard amenable to SEPP No. 1 objection

Ratio Decidendi

The foreshore building line in cl 22 of the Woollahra Local Environmental Plan 1995 is a development standard to which SEPP No. 1 applies. Approval of the terrace extension is justified given the ameliorative conditions proposed, the absence of significant visual or acoustic impact, and the objectives of the foreshore building line and zone. As compliance would be unreasonable and unnecessary, the objection under SEPP No. 1 is well founded, and consent should be granted with conditions.

Court Disposition

Appeal allowed; development consent granted with conditions.

Orders

  • Appeal allowed.
  • Development consent is granted for an extension to the approved balcony subject to the condition annexed hereto.