Raymond v Waverley Council [2004] NSWLEC 446

Raymond v Waverley Council [2004] NSWLEC 446

The amended development application, now incorporating conditions addressing heritage and conservation considerations, is consistent with the council’s development control plan and does not detract from the streetscape or heritage value. Thus, approval is warranted.

Parties
Applicant: Benjamin Raymond; Applicant: Yvonne Raymond; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
11 June 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld; development application approved with conditions
Legal Topics
Development Consent, Modification, Impact on Adjoining Properties, Conservation Area
Planning Law Development Consent Modification Impact on Adjoining Properties Conservation Area

Case Brief

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Parties

Benjamin Raymond

Applicant

Yvonne Raymond

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed garage development is appropriate in relation to streetscape and conservation area controls
  2. 2 Whether the development would impact heritage significance and amenity of adjoining properties
  3. 3 Whether council's development control plan requirements regarding semi-detached dwellings are met

Ratio Decidendi

The amended development application, now incorporating conditions addressing heritage and conservation considerations, is consistent with the council’s development control plan and does not detract from the streetscape or heritage value. Thus, approval is warranted.

Court Disposition

appeal upheld; development application approved with conditions

Orders

  • The appeal, under section 96(2) of the Environmental Planning and Assessment Act, to amend the consent issued by the Court 31 March 2003, is upheld.
  • The application submitted to Waverley Council, and as amended, to modify the consent for a mixed use commercial residential development is approved subject to the consolidated conditions contained in Annexure 'A'.