Baker Kavanagh Architects Pty Ltd v Waverley Council [2005] NSWLEC 167

Baker Kavanagh Architects Pty Ltd v Waverley Council [2005] NSWLEC 167

The proposal fails to satisfy cl 50(1)(a) of Waverley Local Environmental Plan 1996 as it has an unacceptable impact on the significance of the Mill Hill Conservation Area, particularly due to setbacks, bulk, scale, and impact on streetscape. Further, under cl 50(1)(b), it was not demonstrated the conservation of the building depends on the extent of development proposed. The requirements for adaptive reuse exist but must demonstrate necessity and acceptable impact, which was not established.

Parties
Applicant: Baker Kavanagh Architects Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
15 April 2005
Procedural Posture
Development Appeal / Judgment Following Contested Hearing
Outcome
Appeal dismissed
Legal Topics
Development Applications, Heritage Conservation, Amenity, Local Environmental Plans
Planning and Environment Development Applications Heritage Conservation Amenity Local Environmental Plans

Case Brief

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Parties

Baker Kavanagh Architects Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Development Appeal / Judgment Following Contested Hearing

Legal Issues

  1. 1 Whether the proposal satisfies cl 50 of Waverley Local Environmental Plan 1996
  2. 2 Whether the development has an acceptable impact on the heritage significance of the item and conservation area
  3. 3 Whether conservation of the building depends on granting of consent

Ratio Decidendi

The proposal fails to satisfy cl 50(1)(a) of Waverley Local Environmental Plan 1996 as it has an unacceptable impact on the significance of the Mill Hill Conservation Area, particularly due to setbacks, bulk, scale, and impact on streetscape. Further, under cl 50(1)(b), it was not demonstrated the conservation of the building depends on the extent of development proposed. The requirements for adaptive reuse exist but must demonstrate necessity and acceptable impact, which was not established.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development application DA50/2004 to convert a former church building into two dwellings and to construct four townhouses with basement parking for 12 cars at 72 Mill Hill Road, Bondi Junction is refused.