Corben Architects v Gosford City Council

Case •

[2006] NSWLEC 500

•

28/08/2006

No judgment structure available for this case.

Land and Environment Court


of New South Wales


CITATION: Corben Architects v Gosford City Council [2006] NSWLEC 500
PARTIES:

Applicant:
Corben Architects

Respondent:
Gosford City Council
FILE NUMBER(S): 10333 of 2006
CORAM: Roseth SC
KEY ISSUES: Development Application :-
DATES OF HEARING: 28/08/2006
EX TEMPORE JUDGMENT DATE: 08/28/2006
LEGAL REPRESENTATIVES: Applicant:
Mr S Kondilios, solicitor of Maddocks Lawyers

Respondent:
Ms P Wright, solicitor of P J Donnellan & Co


JUDGMENT:

      THE LAND AND
      ENVIRONMENT COURT
      OF NEW SOUTH WALES

      Roseth SC

      28 August 2006

      10333 of 2006 Corben Architects v Gosford City Council

      JUDGMENT

1 Senior Commissioner: This is an appeal against the refusal by Gosford City Council of a development application for alterations and additions to lot 245 DP 15679, known as 8 Macdonald Street, Killcare Heights. The issue in the matter was the view impact affecting Nos 70, 70A and 72 Manly View Road. Following the council’s refusal the parties negotiated with the result that the Applicant reduced the height of the building by 200mm. While the proposal does not fully comply with the requirement in Development Control Plan 155 (DCP 155) that the upper floor be a maximum of 4m above natural ground, this breach has no relevance to view obstruction. The roof of the proposal is much lower than the maximum of 10m above natural ground level required by DCP 155.

2 I have assessed the view impact from Nos 70 and 70A Manly View Road after hearing the evidence of Mr and Mrs Edema (NO 70A) and Mrs Aitken-Jones (No 70). I agree with the parties that the view impact is reasonable. I therefore agree to the request for consent orders.

      Consent orders

1. The appeal is upheld.

2. Development application for alterations and additions to lot 245 DP 15679, known as 8 MacDonald Street, Killcare Heights is determined by the granting of consent subject to the conditions in Annexure A.

3. Exhibits 1 and A are retained.

      ____________________
      Dr John Roseth
      Senior Commissioner
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