Building Code Certifications Pty Ltd v Hornsby Shire Council [2008] NSWLEC 1382

Building Code Certifications Pty Ltd v Hornsby Shire Council [2008] NSWLEC 1382

The amended proposal reasonably satisfies the planning controls, achieves a balance between internal amenity and view sharing, contains minor and acceptable non-compliances in setbacks and excavation, provides suitable landscaping outcomes, and does not detrimentally affect the Foreshore Scenic Protection Area. Conditional development consent is appropriate.

Parties
Applicant: William Paul Tulloch; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
19 September 2008
Procedural Posture
Development Application Appeal / Judgment
Outcome
appeal upheld, development application approved subject to conditions
Legal Topics
Development Application, Compliance With Planning Controls, Amenity Impacts, View Sharing, Vegetation Removal
Environmental Law Planning Law Development Application Compliance With Planning Controls Amenity Impacts View Sharing Vegetation Removal

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Parties

William Paul Tulloch

Applicant

Manly Council

Respondent

Procedural Posture

Development Application Appeal / Judgment

Legal Issues

  1. 1 Non-compliance with development controls
  2. 2 Impacts on views
  3. 3 Amenity impacts on neighbouring properties

Ratio Decidendi

The amended proposal reasonably satisfies the planning controls, achieves a balance between internal amenity and view sharing, contains minor and acceptable non-compliances in setbacks and excavation, provides suitable landscaping outcomes, and does not detrimentally affect the Foreshore Scenic Protection Area. Conditional development consent is appropriate.

Court Disposition

appeal upheld, development application approved subject to conditions

Orders

  • The appeal is upheld.
  • Development consent is granted to DA No 373/06 for demolition of existing dwelling and carport and construction of new dwelling house and swimming pool at 11 Barrabooka Street, Clontarf, subject to conditions in Annexure A.