Smyth Planning v Randwick City Council (No 2) [2004] NSWLEC 430

Smyth Planning v Randwick City Council (No 2) [2004] NSWLEC 430

The proposed development, as redesigned, sufficiently ameliorates view loss for the affected residences and achieves acceptable compliance with relevant planning controls and view sharing principles. Further design modification is not required.

Parties
Applicant: Smyth Planning; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
22 June 2004
Procedural Posture
Development Application / Decision on Revised Application and View Sharing Compliance
Outcome
Applicant required to revise plans to specified RLs; final orders dependent on agreement between parties on consent conditions.
Legal Topics
Development Control, View Sharing, State Environmental Planning Policy 1 (sepp1), Local Environmental Plans, Development Control Plans
Planning and Environment Law Development Control View Sharing State Environmental Planning Policy 1 (sepp1) Local Environmental Plans Development Control Plans

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Parties

Smyth Planning

Applicant

Randwick City Council

Respondent

Procedural Posture

Development Application / Decision on Revised Application and View Sharing Compliance

Legal Issues

  1. 1 Whether the proposed development's impact on neighbouring views is acceptable within the relevant planning controls and principles
  2. 2 Whether further design modifications are required to minimise adverse impacts on view sharing

Ratio Decidendi

The proposed development, as redesigned, sufficiently ameliorates view loss for the affected residences and achieves acceptable compliance with relevant planning controls and view sharing principles. Further design modification is not required.

Court Disposition

Applicant required to revise plans to specified RLs; final orders dependent on agreement between parties on consent conditions.

Orders

  • Applicant to revise plans so that the northern end of the development is restricted to RL 70.4 and the southern portion to RL 69.8.
  • Matter to be set down for callover before the Registrar on 15 July unless plans and conditions are agreed between the parties, in which case orders will be made in Chambers and the callover date vacated.