284 Bronte Road Developments Pty Ltd v Waverley Council [2005] NSWLEC 145

284 Bronte Road Developments Pty Ltd v Waverley Council [2005] NSWLEC 145

The appeal was upheld because the Court accepted that the openings as constructed, if treated with solid glass and externally applied monochromatic colour-matched Clear Focus material so as to appear externally as solid recessed panels, would address both parties' concerns, preserve the character of the building as originally approved by the council, and fit within the Charing Cross Conservation Area while allowing the amenity benefit sought by the applicant.

Jurisdiction
Australia
Judgment Date
23 March 2005
Procedural Posture
Section 96 Development Application Appeal to Amend Existing Development Consent / Ex Tempore Judgment After on Site Hearing
Outcome
Appeal upheld; development consent modified; no order as to costs.
Legal Topics
['modification of Development Consent' 'streetscape Impact' 'conservation Area' 'building Façade Openings']
['planning and Environment' 'heritage Conservation'] ['modification of Development Consent' 'streetscape Impact' 'conservation Area' 'building Façade Openings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Section 96 Development Application Appeal to Amend Existing Development Consent / Ex Tempore Judgment After on Site Hearing

Legal Issues

  1. 1 ["Whether the proposed openings would detrimentally affect the masonry quality of the building's parapet façade." 'Whether the proposed openings would detrimentally affect the streetscape presentation of the building.' 'Whether the proposed openings would detrimentally affect the character of the Charing Cross Conservation Area.']

Ratio Decidendi

The appeal was upheld because the Court accepted that the openings as constructed, if treated with solid glass and externally applied monochromatic colour-matched Clear Focus material so as to appear externally as solid recessed panels, would address both parties' concerns, preserve the character of the building as originally approved by the council, and fit within the Charing Cross Conservation Area while allowing the amenity benefit sought by the applicant.

Court Disposition

Appeal upheld; development consent modified; no order as to costs.

Orders

  • ['The appeal is upheld.' 'Condition 1(a) and (b) of DA 174/2003 is deleted and a substituted condition requiring compliance with specified plans, including Plan Nos. DA01 Issue 1 and DA 04 Issue F as annotated in red in Exhibit C, is imposed.' 'Advice: A construction certificate must be obtained from council or an...