Porcaro v Lane Cove Council [2011] NSWLEC 1072

Land and Environment Court New South Wales

Medium Neutral Citation: Porcaro v Lane Cove Council [2011] NSWLEC 1072 Hearing dates: 15 February 2011 Decision date: 15 February 2011 Before: Pearson C Decision: 1. The appeal is upheld. 2. Development application D50/10 for the erection of a 1.8m diameter aluminium satellite dish antenna at 41 Arabella Street, Longueville, is approved subject to conditions in Annexure A. 3.The exhibits are returned, except for exhibits A, 1 and 9. Catchwords: Development application - satellite dish - visual impact - impact on views and streetscape - precedent Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Lane Cove Local Environmental Plan 2009 Lane Cove Development Control Plan 2010 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Emmott v Ku-ring-gai Municipal Council (1954) 3 LGRA 177 Tenacity Consulting v Warringah [2004] NSWLEC 140 Category: Principal judgment Parties: Silvano Porcaro (Applicant) Lane Cove Council (Respondent) Representation: A Hudson, Wilshire Webb Staunton Beattie (Applicant) A Seton, Marsdens (Respondent) File Number(s): 10911 of 2010

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONER: This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) from the refusal by Lane Cove Council (the Council) of consent for the erection of a 1.8m diameter aluminium mesh satellite dish antenna on a dwelling house at 41 Arabella Street, Longueville (the site). 2The dish is proposed to sit on top of a steel pole attached to the wall of the dwelling house, with the top of the satellite dish being 295mm above the front of a parapet wall and 930mm below the roof ridge. The satellite dish is proposed to be set back 1015 mm from the southwestern boundary. 3The subject site is located on the southwestern corner of Arabella Street and Christina Street. The site rises from the Arabella Street frontage to the rear boundary. There is a part two storey and part single storey dwelling house on the site with a swimming pool and carport. 4Adjoining developments in the locality are predominantly two storey brick and tiled dwelling houses. On the other side of the intersection of Christina Street there is St Aidans church. The land across the other side of Arabella Street slopes down towards Woodford Bay. The houses along Arabella Street and in the locality have views across Woodford Bay to the CBD, the Harbour Bridge and the Opera House. 5The background to the application is set out in the Statement of Facts and Contentions filed on behalf of the Council. The development application was lodged on 29 March 2010 and initially proposed a 2.3m diameter satellite dish. The application was notified by the Council and there were five submissions received relating to loss of view, health issues, the size of the dish, and whether it could be relocated. 6The applicant in consultation with Council officers revised the application and submitted a proposal for a 1.8m diameter satellite dish on 31 May 2010. That revised proposal was notified and one submission was received. The Council refused the application on 12 July 2010, and the applicant sought a review under s 82A of the Act. The Council notified that review and further submissions were received. Those submissions raised objections concerning obstruction of views, the adequacy of alternate television access, the size of the dish, possible health impacts, negative impact on amenity, whether alternative locations were available, and the absence of other satellite dishes in Longueville. The Council affirmed its decision to refuse consent on 1 November 2010. 7The issues between the parties concern visual impact and impact on views and the streetscape of the proposed satellite dish, and precedent.