Allen Jack & Cottier v Manly Council [2006] NSWLEC 288
The conditions to retain or rebuild the rear chimney and fireplace and dedicate land for road widening were found to be unreasonable, not supported by planning or heritage grounds or statutory requirement; similarly, requiring modification/deletion of the proposed balcony was not justified as the agreed solution would have an acceptable heritage impact.
- Jurisdiction
- Australia
- Judgment Date
- 29 May 2006
- Procedural Posture
- Appeal / Hearing and Judgment
- Outcome
- Appeal upheld
- Legal Topics
- ['development Consent Conditions' 'heritage Impact' 'road Widening' 'dedication of Land']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Hearing and Judgment
Legal Issues
- 1 ['Whether conditions imposed on development consent regarding retention/rebuilding of chimney and fireplace were reasonable' 'Whether condition to delete proposed balcony with louvred shutter appropriate for heritage protection' 'Whether requirement to dedicate land for road widening as a condition of consent was reasonable']
Ratio Decidendi
The conditions to retain or rebuild the rear chimney and fireplace and dedicate land for road widening were found to be unreasonable, not supported by planning or heritage grounds or statutory requirement; similarly, requiring modification/deletion of the proposed balcony was not justified as the agreed solution would have an acceptable heritage impact.
Court Disposition
Appeal upheld
Orders
- ['The appeal is upheld.' "The development application (DA 508/04) is approved subject to Annexure 'A' conditions." 'Exhibits, except exhibits 1 and B, may be returned.']
Full Case Text
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