Tedder Ave development shadow squabble lands in court
A squabble over shadows in a backyard on an exclusive Gold Coast street has landed a proposed development in court. Find out more.
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A squabble over shadows in a backyard on an exclusive Gold Coast street has landed a proposed development in court.
It was claimed the three-storey, three unit development proposed for salubrious Tedder Ave in Main Beach would cast too many shadows on the neighbouring backyard.
Neil Michael Thorogood took the Gold Coast City Council and Sri Fiduciaries Pty Ltd to the Planning and Environment Court after the council approved the development.
In a judgment delivered on Thursday last week Judge William Everson struck out the application, ruling the development could go ahead.
Sri Fiduciaries lodged a development application for a three-storey, three-unit car park with a basement car park on the western side Tedder Ave.
The City Plan has a height limit on that side of the street of two storeys.
The eastern side of the street is dominated by high-rises.
The council approved the development.
Mr Thorogood, whose home is next to the proposed unit complex, then lodged an appeal in the Planning and Environment Court arguing the development should not be approved.
In his judgment handed down on Thursday, Judge Everson said: “Any infill development such as the proposed development needs to take into account the orientation of adjoining residences and, in the case of (Mr Thorogood) property, needs to take into account that there will be shadowing of his main habitable areas including his only outdoor recreation space, namely his backyard.
“It is from this perspective that he submits that there has been noncompliance with the identified provision of the planning scheme.”
Experts in shadowing gave evidence during a two-day hearing, ultimately finding that any impact would only be for a portion of they day.
Judge Everson dismissed the appeal.
He adjourned the hearing so a package of conditions, which had been negotiated during legal proceedings, could be finalised.
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