Burrell Threlfo Pagan Pty Ltd v City of Sydney [2004] NSWLEC 735

Burrell Threlfo Pagan Pty Ltd v City of Sydney [2004] NSWLEC 735

The applicant did not sufficiently justify demolition of the cottage in a heritage conservation area. The proposed two-storey dwelling would create unacceptable impacts in terms of overshadowing, privacy, bulk, height, and scale, which are inconsistent with heritage protections and planning controls.

Parties
Applicant: Burrell Threlfo Pagan Pty Ltd; Respondent: City of Sydney
Jurisdiction
Australia
Judgment Date
03 December 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Development Application, Heritage Conservation, Overshadowing, Visual Privacy, Bulk and Scale
Planning Law Heritage Law Development Application Heritage Conservation Overshadowing Visual Privacy Bulk and Scale

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Parties

Burrell Threlfo Pagan Pty Ltd

Applicant

City of Sydney

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the demolition of the cottage can be justified under heritage conservation requirements
  2. 2 Whether the proposed two-storey dwelling is acceptable in relation to overshadowing, loss of privacy, bulk, height, and scale

Ratio Decidendi

The applicant did not sufficiently justify demolition of the cottage in a heritage conservation area. The proposed two-storey dwelling would create unacceptable impacts in terms of overshadowing, privacy, bulk, height, and scale, which are inconsistent with heritage protections and planning controls.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Development Application U04-00140 for demolition and erection of a two-storey dwelling at 15-23A Knight Street, Erskineville is refused.