Attard v Ku-ring-gai Council [2008] NSWLEC 87

Attard v Ku-ring-gai Council [2008] NSWLEC 87

The proposed development would unacceptably affect the heritage significance of Craignairn and would diminish the value of its setting and its contribution to the group of heritage items in the vicinity. The impact arises both from the presence, bulk, and use of the proposed dwelling, as well as the reduction of views and sense of curtilage. Therefore, consent must be refused.

Jurisdiction
Australia
Judgment Date
27 February 2008
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['development Application' 'heritage Significance' 'dual Occupancy' 'land Use Planning']
['planning Law' 'environmental Law'] ['development Application' 'heritage Significance' 'dual Occupancy' 'land Use Planning']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed development would have an unacceptable impact on the heritage significance of Craignairn' 'Whether the proposed development would unacceptably impact heritage items in the vicinity' 'Whether the proposed development would unacceptably impact the landscape setting of Craignairn']

Ratio Decidendi

The proposed development would unacceptably affect the heritage significance of Craignairn and would diminish the value of its setting and its contribution to the group of heritage items in the vicinity. The impact arises both from the presence, bulk, and use of the proposed dwelling, as well as the reduction of views and sense of curtilage. Therefore, consent must be refused.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Development Application DA 1241/06 for the construction of a dwelling to create a detached dual occupancy development at 37 Burns Road Wahroonga is refused.' 'The exhibits are returned.']