Tregilgas v Newcastle City Council

Land and Environment Court New South Wales Medium Neutral Citation: Tregilgas v Newcastle City Council [2014] NSWLEC 1155 Hearing dates:5 - 6 August 2014Decision date: 12 August 2014 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: Development Application: alterations and additions, building envelope, whether objectives of the control are met Legislation Cited: Land and Environment Court Act 1979; Newcastle Local Environmental Plan 2012; Environmental Planning and Assessment Act 1979 Texts Cited: Newcastle Development Control Plan 2012 Category:Principal judgmentParties: Warwick James Tregilgas (Applicant) Newcastle City Council (Respondent) Representation: Mr C Ireland (Applicant) Ms A Pearman (Respondent) Mr J Saddington O'Sullivan Saddington Lawyers (Applicant) Mr James Marshall Newcastle City Council File Number(s):10386 of 2014 JudgmentMr Tregilgas lodged Development Application DA 2013/931 with Newcastle City Council on 16 August 2014 seeking consent for alterations and additions to an existing dwelling house comprising the enclosure of an existing deck and construction of a storage area within the roof above at 8 Rowan Crescent, Merewether.The council refused consent due to non-compliance with building envelope controls and Tregilgas is appealing that decision. The issues in the case are whether the development satisfies the objectives of the council's control for building envelope.The site and its contextThe site is described as No 8 Rowan Crescent being Lot 42, Section 10A of Deposited Plan 111243. It is located on the north-western side of Rowan Crescent between Janet and Curry Streets and falls from the rear to the street by approximately 8m over its 50m depth. Views of the ocean...