Watson v North Sydney Council [2008] NSWLEC 1240

Land and Environment Court of New South Wales

CITATION : Watson v North Sydney Council [2008] NSWLEC 1240 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Adele Watson PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10332 of 2008

CORAM: Hoffman C

KEY ISSUES: Development Consent :- deletion of condition in current approval, condition does not achieve reason for imposition, solar access, shadows

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 North Sydney Local Environmental Plan 2001

DATES OF HEARING: 16/06/2008

EX TEMPORE JUDGMENT DATE : 16 June 2008

APPLICANT Ms M.L. Taylor, solicitor of Bartier Perry Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr T. March, solicitor of North Sydney Council

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

16 June 2008

10332 of 2008 Adele Watson v North Sydney Council This decision was given extemporaneously. It has been revised and edited prior to publication .

JUDGMENT 1 This is a Class 1 Appeal between Adele Watson and North Sydney Council in regard to Condition C(1) of Development Consent D496/07 granted by Council on 27 February 2008 for alterations and additions to No. 141 Chandos St, Crows Nest. 2 The site is one of two semi-detached houses Nos. 139 and 141 Chandos Street. It is the easternmost of the two. The buildings are of some age and have a pitched roof over the front older section, and at the rear they both have extensions in the nature of new kitchens and living rooms. These rear wings are different to the old section of the semi-detached houses such that the rear wings have 900 mm setbacks from the side boundary between them. This has enabled some windows to be located on the inner rooms that face each other in these rear wings. 3 No. 139 the western part of the two semis has a gable roof over part of its rear extension and the very rear is a low-pitched skillion roof. This was approved a year or so ago by the Council and has been built. The rear extension on the subject property appears to be a little older than that, and generally has a low-pitched skillion roof for its full length. On the east boundary of the subject site it has a 700 mm side setback, and No. 143 adjoining has about 800 mm side setback. As a result No.s 141 and 143 have side windows facing each other. 4 The development approved by the Council on the subject site is to demolish the existing rear section and build a new extension with a high-pitched skillion roof sloping towards the east, with clerestorey windows at the upper level to give north western sunlight into the new living, kitchen and dining rooms. Condition C(1) requires in summary that the rear 4 m of this high-pitched skillion roof be changed and lowered to comply with the Council's building height plane statute. The reason for that condition is: " to minimise overshadowing impact of the development and protection of residential amenity of No.139 Chandos St, Crows Nest."