Carlode Nominees Pty Limited v Sydney City Council [2004] NSWLEC 759

Carlode Nominees Pty Limited v Sydney City Council [2004] NSWLEC 759

The development application was refused because, applying the heritage conservation provisions of the Leichhardt Local Environmental Plan 2000, Hamilton should be retained rather than demolished, and changes to The Abbey should be directed toward restoring its former open interior space and using it in a manner sympathetic to its church architecture. To the extent that Development Control Plan No. 49 countenanced non-retention of Hamilton, the local environmental plan prevailed. Given those heritage conclusions, it was unnecessary to decide the traffic issue.

Jurisdiction
Australia
Judgment Date
17 December 2004
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of a Development Application / Ex Tempore Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
['deemed Refusal of Development Application' 'heritage Items and Conservation Area' 'permissible Development With Consent' 'development Control Plan and Local Environmental Plan Inconsistency' 'traffic Impacts' 'public Interest']
['environmental Planning and Assessment' 'heritage Conservation' 'land and Environment'] ['deemed Refusal of Development Application' 'heritage Items and Conservation Area' 'permissible Development With Consent' 'development Control Plan and Local Environmental Plan Inconsistency' 'traffic Impacts' 'public Interest']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of a Development Application / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether consent should be granted for the amended redevelopment proposal for Nos. 156 to 160 Bridge Road, Glebe.' 'Whether the proposed demolition of Hamilton and replacement with a three-storey residential flat building was consistent with heritage conservation requirements under the Leichhardt Local Environmental Plan 2000.' 'Whether the proposed internal conversion of The Abbey into commercial offices by inserting three additional floors was appropriate having regard to its heritage significance.' 'Whether Development Control Plan No. 49 could support demolition of Hamilton where the local environmental plan led to the opposite conclusion.' 'Whether traffic issues needed to be determined.']

Ratio Decidendi

The development application was refused because, applying the heritage conservation provisions of the Leichhardt Local Environmental Plan 2000, Hamilton should be retained rather than demolished, and changes to The Abbey should be directed toward restoring its former open interior space and using it in a manner sympathetic to its church architecture. To the extent that Development Control Plan No. 49 countenanced non-retention of Hamilton, the local environmental plan prevailed. Given those heritage conclusions, it was unnecessary to decide the traffic issue.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'The development application is refused.' 'The exhibits may be returned.']