Anglicar Pty Ltd v Woollahra Municipal Council [2015] NSWLEC 1074

Procedural Posture

Class 1 Development Appeal Concerning Development Application 14/0239 for a Residential Flat Building at 4 Marine Parade Watsons Bay / Principal Judgment; Proposed Orders and Directions Pending Revised Plans and Settled Conditions

Legal Issues

1. 1 ['Whether the January 2015 design with a 13.5° pitched roof should be approved despite inconsistency with the Watsons Bay Heritage Conservation Area Development Control Plan expectations for traditional roof forms.' 'Whether the alternative plan SK04, with a traditional roof pitch and eaves, was acceptable without further lowering the eaves.' 'Whether further lowering the eaves by reducing floor-to-ceiling heights would unacceptably compromise internal amenity.']

Ratio Decidendi

The January 2015 design was not acceptable because its 13.5° roof pitch departed significantly from the DCP's contemplated traditional roof form and there was no sufficient reason to permit that departure when an alternative compliant design was available. Plan SK04 was acceptable because its 23.2° roof pitch fell within the traditional roof range, the difference in eaves height compared with 5 Marine Parade would not create a perceptible adverse heritage effect from relevant viewpoints, and further lowering of the eaves would require additional reductions in floor-to-ceiling heights that would unacceptably compromise internal amenity.

Court Disposition

The January 2015 proposal was rejected, but the appeal was to be upheld on the basis of revised plans reflecting plan SK04, with development consent to be granted subject to settled conditions.

Orders

• ['The appeal is upheld.' 'Development Application 14/0239 for the erection of a three-level residential flat building above the basement car parking at 4 Marine Parade Watsons Bay is determined by the granting of development consent subject to conditions remaining to be settled between the parties.' 'The exhibits,...