Fairless v Warringah Council [2008] NSWLEC 1152

Land and Environment Court of New South Wales

CITATION : Fairless v Warringah Council [2008] NSWLEC 1152

APPLICANT Susan Gay Fairless PARTIES : RESPONDENT Warringah Council

FILE NUMBER(S) : 10096 of 2008

CORAM: Hoffman C

KEY ISSUES: Development Application :- construction of a carport, pergola and privacy screen, parking, privacy, noise, views, landscaping, streetscape, desired future character

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Warringah Local Environmental Plan 2000

DATES OF HEARING: 08/04/2008

EX TEMPORE JUDGMENT DATE : 8 April 2008

APPLICANT Mr J. Hones, solicitor of Hones La Hood Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr N. Howie, solicitor of Wilshire Webb Staunton Beattie Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

8 April 2008

10096 of 2008 Susan Gay Fairless v Warringah Council

JUDGMENT 1 This is Appeal No. 10096 of 2008 between Susan Gay Fairless and Warringah Council in regard to the refusal of Development Application No. 2007/1104 for a construction of a double carport and associated driveway works and the erection of a privacy screen along southern property boundary and the erection of a new pergola to the south of the dwelling between the new privacy screen and the house.

2 The site contains an existing 2-storey house on Lot 2 DP 939105 No. 23 O'Connors Road, Beacon Hill. The site is approximately 464 square metres in area. It is rectangular in shape as are the adjoining allotments. The frontage to the street is on the western boundary. It is the low side of the street and the site falls considerably down hill along the length of the block. As a result, the second storey of the house occurs at the rear of the house. The street boundary is approximately 15.34 metres in width and the side boundaries are just over 30 metres. 3 The existing house appears to be one storey with a pitched tile roof from the street and being on the low side is not prominent in the streetscape. The proposal as shown in amended plans in Exhibit B has lowered the height of the proposed carport which has a pitched tile roof to match the existing house. The concrete roof tiles shown on the drawings are changed to terracotta to match the existing house. The carport has been setback from the front boundary by 700 millimetres and the height of the timber privacy screen on the southern boundary is reduced to 2 metres high above the paving. Also the proposal has a panel lift style grill door using pike staves to match panels in the existing front fence. A new pedestrian gate is proposed on the north side of the carport using pike staves grill construction. As a result the visibility of the front garden area, except when there are cars, will still be available for persons in the street.