Stanisic Associates v Sydney City Council [2004] NSWLEC 770

Stanisic Associates v Sydney City Council [2004] NSWLEC 770

The DCP, read in light of its objectives concerning scale, built form, overshadowing and amenity, allows additional accommodation above the 18 metre height control where it is within a 36 degree plane taken from the edge of the building; the control is not limited to accommodation contained within an attic roof form.

Jurisdiction
Australia
Judgment Date
16 December 2004
Procedural Posture
Question of Law Referred Under S 36(5) in Development Application Proceedings / Ex Tempore Judgment on Question Referred by Commissioner Watts
Outcome
Question A answered yes; Question B not answered.
Legal Topics
['development Control Plan Construction' 'building Height Controls' 'attic Height Plane' 'residential Flat Building Approval']
['planning and Environment Law'] ['development Control Plan Construction' 'building Height Controls' 'attic Height Plane' 'residential Flat Building Approval']

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Procedural Posture

Question of Law Referred Under S 36(5) in Development Application Proceedings / Ex Tempore Judgment on Question Referred by Commissioner Watts

Legal Issues

  1. 1 ['Whether the DCP height controls permit a part floor or storey above the 18m plane within an envelope defined by a 36 degree plane, where that plane is drawn and not a constructed roof plane.' 'Whether the 36 degree plane is to be taken from the site boundary or from the edge of the proposed building at a height of 18m above the natural ground line.']

Ratio Decidendi

The DCP, read in light of its objectives concerning scale, built form, overshadowing and amenity, allows additional accommodation above the 18 metre height control where it is within a 36 degree plane taken from the edge of the building; the control is not limited to accommodation contained within an attic roof form.

Court Disposition

Question A answered yes; Question B not answered.

Orders

  • ['Question A was answered "yes".' 'The Court declined to answer Question B.']