Hasib v Ku-ring-gai Council [2020] NSWLEC 1124

Hasib v Ku-ring-gai Council [2020] NSWLEC 1124

The proposal is sufficiently deferential to the original fabric of the dwelling so as to maintain its heritage significance and contribution to the conservation area; consent is therefore granted subject to agreed conditions.

Parties
Applicant: Amanda Hasib; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
17 March 2020
Procedural Posture
Appeal / Conciliation Conference and Determination
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
Development Application, Heritage, Appeal, Conciliation Conference
Planning and Environment Development Application Heritage Appeal Conciliation Conference

Case Brief

Summary, issues, holding and outcome

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Parties

Amanda Hasib

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal / Conciliation Conference and Determination

Legal Issues

  1. 1 Whether development consent should be granted for alterations and additions to a heritage-listed dwelling
  2. 2 Whether the proposal is appropriate having regard to heritage controls and the site's significance

Ratio Decidendi

The proposal is sufficiently deferential to the original fabric of the dwelling so as to maintain its heritage significance and contribution to the conservation area; consent is therefore granted subject to agreed conditions.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • Leave is granted for the Applicant to amend the application to rely on the amended architectural plans, stormwater management plans and BASIX Certificate set out in condition 1 of Annexure A.
  • The appeal is upheld.