Written by The NSW Land and Environment Court’s decision in Furlong v Northern Beaches Council [2022] NSWLEC 1208promotes the protection of side boundary views of high value when considering the impacts of developments on neighbouring properties. This case is important for homeowners to understand how the law may affect their renovation plans.
Mr Furlong applied for a development consent to renovate his three-storey home at Dee Why, which was refused by Northern Beaches Council because of the potential view loss impacts for a neighbouring property. The case before the Land and Environment Court was an appeal of that decision.
The Commissioner of the LEC upheld the Council’s decision on the basis that the development could bring about ‘severe view loss impacts’ to neighbours, in circumstances where there was a reasonable design alternative which would significantly moderate the impact. The Commissioner found that the view loss to the neighbour would be ‘devastating’ and ‘severe’ because of the loss of ‘panoramic’ and ‘iconic’ views of North Head, Curl Curl Beach, the ocean and horizon.
The case shows that the assessment of the reasonableness of a development considers both compliance with the local planning controls and any reasonable design alternatives which would reduce the impact on view loss. This case is important because it offers stronger protection to neighbours for view losses.