Wu v Ashfield Council [2009] NSWLEC 1191

Wu v Ashfield Council [2009] NSWLEC 1191

With the proposed landscaping and privacy measures, including screen planting and balcony screening, the separation distance of over 30 metres and other conditions, the development does not create unreasonable privacy or heritage impacts and thus should be approved.

Parties
Applicant: Wu, Bing; Respondent: Ashfield Council
Jurisdiction
Australia
Judgment Date
04 June 2009
Procedural Posture
Appeal (planning and Environment) / Final Determination by Consent Orders
Outcome
Appeal upheld by consent; development application approved with conditions.
Legal Topics
Development Application, Privacy, Overlooking, Heritage Impact, Residential Amenity
Planning and Environment Development Application Privacy Overlooking Heritage Impact Residential Amenity

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Parties

Wu, Bing

Applicant

Ashfield Council

Respondent

Procedural Posture

Appeal (planning and Environment) / Final Determination by Consent Orders

Legal Issues

  1. 1 Whether alterations and additions to 181 Victoria Street Ashfield should be approved having regard to privacy, overlooking, heritage and residential amenity concerns

Ratio Decidendi

With the proposed landscaping and privacy measures, including screen planting and balcony screening, the separation distance of over 30 metres and other conditions, the development does not create unreasonable privacy or heritage impacts and thus should be approved.

Court Disposition

Appeal upheld by consent; development application approved with conditions.

Orders

  • The appeal in respect of 181 Victoria Street Ashfield is upheld.
  • The development application as amended is approved subject to the conditions in Annexure 'A'.