Belic v Pittwater Council [2006] NSWLEC 145

Belic v Pittwater Council [2006] NSWLEC 145

The appeal was dismissed because the proposed additions would change a small single-storey waterside building adjacent to the mean high water mark into what would appear as a two-storey building, making it clearly more visible and producing an unacceptable visual impact in the site's immediate context, where dwellings are generally set back behind the Foreshore Building Line and the proposal did not reflect the predominant setbacks or desired future character.

Jurisdiction
Australia
Judgment Date
22 March 2006
Procedural Posture
Appeal Against Refusal of a Development Application for Alterations and Additions to an Existing Building / Ex Tempore Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application Refusal' 'alterations and Additions to Dwelling' 'foreshore Building Line' 'visual Impact From Waterway' 'pittwater Local Environmental Plan 1993' 'pittwater 21 Development Control Plan']
['planning and Environment Law'] ['development Application Refusal' 'alterations and Additions to Dwelling' 'foreshore Building Line' 'visual Impact From Waterway' 'pittwater Local Environmental Plan 1993' 'pittwater 21 Development Control Plan']

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Procedural Posture

Appeal Against Refusal of a Development Application for Alterations and Additions to an Existing Building / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether alterations and additions to the lower building at 11 Richard Road, Scotland Island should be approved despite being adjacent to the mean high water mark and within the Foreshore Building Line area.' 'Whether the proposal was consistent with the desired future character and predominant setbacks of existing development in the Lower Western Foreshores and Scotland Island Locality.' 'Whether the proposal would have an unacceptable visual impact when viewed from the waterway and in its immediate context.']

Ratio Decidendi

The appeal was dismissed because the proposed additions would change a small single-storey waterside building adjacent to the mean high water mark into what would appear as a two-storey building, making it clearly more visible and producing an unacceptable visual impact in the site's immediate context, where dwellings are generally set back behind the Foreshore Building Line and the proposal did not reflect the predominant setbacks or desired future character.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'The development application for alterations and additions at 11 Richard Road, Scotland Island is refused.' 'The exhibits, except Exhibits 2, 3 and 4, may be returned.']