Baenziger Coles Pty Ltd v Bega Valley Shire Council [2015] NSWLEC 1427

Land and Environment Court New South Wales

Medium Neutral Citation: Baenziger Coles Pty Ltd v Bega Valley Shire Council [2015] NSWLEC 1427 Hearing dates: 27-28 August, 2015 Date of orders: 19 October 2015 Decision date: 19 October 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 2014.439 for the demolition of existing structures and the construction of a new dwelling is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibits 1, 5 E and A, are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of existing structures and construction of a new dwelling; whether the application is appropriately characterised as a dwelling; exceedance of the height of buildings development standard; impact of the height, bulk and scale of the proposed building on the outlook from dwellings to the rear of the site. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Wollongong City Council v Vic Vellar Nominees Pty Limited (2010) 178 LGERA 445 Wehbe v Pittwater Council (2007) 156 LGERA 446 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Hornsby Shire Council v Monk [2001] NSWLEC 248 Tenacity Consulting v Warringah [2004] NSWLEC 140 Category: Principal judgment Parties: Baenziger Coles Pty Ltd (Applicant) Bega Valley Shire Council (Respondent) Representation: Counsel: Mr P. Rigg solicitor (Applicant) Mr M. Mantei solicitor (Respondent) Solicitors: Addisons (Applicant) Planning Law Solutions (Respondent) File Number(s): 10493 of 2015