DEVELOPMENT APPLICATION — single dwelling — heritage item — height of building — wall height — views and amenity
Quick Take
1Where alterations and additions to a heritage item result in building height and wall height exceedances but all new works remain below the existing highest ridge line and are designed to integrate with the heritage roofscape, compliance with the numerical development standards may be unreasonable or unnecessary under cl 4.6 of the LEP, provided the objectives of the standards — including view sharing, minimising bulk and scale, and compatibility with desired future character — are still achieved.
2A visual impact assessment demonstrating nil-to-negligible impacts on private water views, particularly where the principal higher-value views are retained and only heavily filtered views through vegetation are marginally affected, can support a finding that view sharing between a development and neighbouring properties is achieved for the purposes of both cl 4.6 variation requests and DCP view-sharing controls.
3Under the Mosman RDCP, Council may consider pitched roof forms extending beyond the maximum LEP building height where a consistent pitched roof style is an important local character element or is appropriate for an identified heritage item, provided new works sit comfortably in the existing context without being visually dominant.
