Symons Goodyer Pty Ltd v Manly Council [2004] NSWLEC 357

Symons Goodyer Pty Ltd v Manly Council [2004] NSWLEC 357

The proposed reduced balcony would not have an adverse effect on the streetscape, would not cause significant loss of privacy or unacceptable noise impacts, and would not obstruct any significant part of neighbouring views; therefore there was no sufficient reason to refuse the proposal and condition 2 should be amended.

Jurisdiction
Australia
Judgment Date
10 June 2004
Procedural Posture
Class 1 Appeal Concerning an Application to Amend Condition 2 of Development Consent DA 51/04 / Judgment
Outcome
Appeal upheld.
Legal Topics
['development Application' 'amendment of Consent Condition' 'residential Balcony' 'front Setback' 'streetscape' 'privacy' 'views']
['planning and Environment' 'development Consent'] ['development Application' 'amendment of Consent Condition' 'residential Balcony' 'front Setback' 'streetscape' 'privacy' 'views']

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Procedural Posture

Class 1 Appeal Concerning an Application to Amend Condition 2 of Development Consent DA 51/04 / Judgment

Legal Issues

  1. 1 ['Whether condition 2 of development consent DA 51/04 should be amended to permit a southern-facing balcony with a 3.627 m setback from the front boundary.' 'Whether the proposed balcony would have an adverse impact on the streetscape or adjoining properties.' 'Whether the proposed balcony would cause unacceptable privacy, noise or view impacts.']

Ratio Decidendi

The proposed reduced balcony would not have an adverse effect on the streetscape, would not cause significant loss of privacy or unacceptable noise impacts, and would not obstruct any significant part of neighbouring views; therefore there was no sufficient reason to refuse the proposal and condition 2 should be amended.

Court Disposition

Appeal upheld.

Orders

  • ['The appeal is upheld.' 'The deck on the southern side of No. 38 Upper Clifford Street, Fairlight, be as annotated in Exhibit A on Drawing No. TS-MK28/2 dated 17 January 2004 by Calldart Pty Ltd so that it is 2.5 m wide by 5.7 m long with splayed corners on the outer sides.' 'Condition 2 of development consent...