Panos v Inner West Council

Judgment

1. This is an appeal against the deemed refusal of Inner West Council Development Application No. D/2017/424 (DA). The DA seeks consent for alterations and additions to an existing cottage at 16 River Street Birchgrove (site). The proposed changes include: alterations to the existing cottage, a new pool, a new three storey structure (for residential use and interconnected with the existing cottage), partially covered parking for two vehicles above this new structure (with street level access), some storage on this street level pad (nominated as "bin store" in the final plans), and a lift linking the residence below with the parking and street level. The site is on the waterfront and enjoys significant views to Parramatta River and Cockatoo Island and the environs. The views from River Street (above the site) and nearby properties are also significant and were a key issue in the evaluation of the application.
2. The appeal was subject to mandatory conciliation on 5 June 2018, in accordance with section (s) 34AA of the Land and Environment Court Act 1979 (LEC Act). These proceedings commenced with a site view and the hearing of submissions from objectors.
3. Two objectors spoke and concerns were raised about loss of views for local residents and for walking groups who use River Street. There was a concern about what was seen as an unreasonable benefit to the applicant, at a cost to others. The local sense of community was emphasised by both speakers. In addition, Mr Nash, a town planner, spoke on behalf of three of the property owners living opposite the site and fronting River Street (5 River Street, 3 River Street, 37 Reuss Street). Mr Nash led the Court through each of these properties and referenced his evidence on view loss, as did the experts for both the parties. I was also taken to other viewing points in the vicinity, including public viewpoints from River Street in front of the site and Reuss Street and Cove Street which run perpendicular to River Street. Mr Nash suggested a number of ameliorative measures to reduce the impact of the building, including: use of glass for any fences and for the lift above ground level, and a more lightweight roof structure if the roof were to proceed at all. Mr Panos also spoke in support of his application, noting the changes that had occurred since the original application and his belief that a reasonable balance is now available in terms of potential impacts and his family's aspirations for their home into the future.