Hrsto v Burwood Council [2024] NSWLEC 1483

Hrsto v Burwood Council [2024] NSWLEC 1483

The absence of a Conservation Management Plan in the development application, coupled with the proposal's inconsistency with the intact heritage character and significance of the site and Appian Way Heritage Conservation Area, rendered the proposal unacceptable and warranted refusal of the appeal and development application.

Parties
Applicant: Andrew Hrsto; Respondent: Burwood Council
Jurisdiction
Australia
Judgment Date
13 August 2024
Procedural Posture
Appeal / Final Judgment After Hearing
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Applications, Heritage Conservation, Subdivision, Development Control Plans, Local Environmental Plans
Planning and Environmental Law Heritage Law Development Applications Heritage Conservation Subdivision Development Control Plans Local Environmental Plans

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Parties

Andrew Hrsto

Applicant

Burwood Council

Respondent

Procedural Posture

Appeal / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed subdivision and development are consistent with the heritage significance of the site and Appian Way Heritage Conservation Area
  2. 2 Whether the absence of a Conservation Management Plan precludes approval of development consent
  3. 3 Whether the proposed new dwelling and works will adversely impact the heritage character and significance of the area

Ratio Decidendi

The absence of a Conservation Management Plan in the development application, coupled with the proposal's inconsistency with the intact heritage character and significance of the site and Appian Way Heritage Conservation Area, rendered the proposal unacceptable and warranted refusal of the appeal and development application.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development Application No. 67/2023 for the subdivision of the site into 2 lots, alterations and additions to the existing dwelling house (proposed Lot 1) including the construction of a new swimming pool and basement parking, alterations and additions to the existing laundry/garage building (proposed Lot 2) to...