Ziegler and anor v Waverley Council [2013] NSWLEC 1109

Ziegler and anor v Waverley Council [2013] NSWLEC 1109

The proposed balcony extension will have a negligible impact on the neighbouring property's views and visual bulk, and does not cause unacceptable impact on the streetscape or offend relevant planning objectives. There is no proper basis for the imposition of the contested condition; the appeal is upheld; condition is deleted.

Parties
Applicants: Miriam & David Ziegler; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
27 June 2013
Procedural Posture
Appeal Against Condition of Consent in Modification Application / Final Decision After Hearing
Outcome
Appeal upheld
Legal Topics
Modification of Development Consent, Conditions of Consent, View Sharing, Visual Bulk, Public Interest
Planning and Environment Law Modification of Development Consent Conditions of Consent View Sharing Visual Bulk Public Interest

Case Brief

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Parties

Miriam & David Ziegler

Applicants

Waverley Council

Respondent

Procedural Posture

Appeal Against Condition of Consent in Modification Application / Final Decision After Hearing

Legal Issues

  1. 1 Whether the condition of consent requiring a reduction in the length of the proposed balcony extension was warranted on the grounds of visual bulk, impact on views, and public interest

Ratio Decidendi

The proposed balcony extension will have a negligible impact on the neighbouring property's views and visual bulk, and does not cause unacceptable impact on the streetscape or offend relevant planning objectives. There is no proper basis for the imposition of the contested condition; the appeal is upheld; condition is deleted.

Court Disposition

Appeal upheld

Orders

  • Appeal 10203 of 2013 is upheld.
  • Amended Condition - General Modification in section (a)(2) of Waverley Council's Notice of Determination of Modification of Development Consent DA-402/2011/A - 38 Portland Street, Dover Heights, dated 21 September 2012 is deleted.