Celleb Pty Ltd v Sydney City Council [2005] NSWLEC 749

Celleb Pty Ltd v Sydney City Council [2005] NSWLEC 749

The proposed design, including the use of aluminium cladding for the fins, is a satisfactory response to planning controls and achieves a high standard of design excellence notwithstanding that a more preferable solution may exist; the requirements for facade retention and lift lobby refurbishment are unreasonable as the building is not heritage listed.

Jurisdiction
Australia
Judgment Date
30 November 2005
Procedural Posture
Development Consent Appeal / Judgment After Hearing
Outcome
Appeal upheld; conditional development consent granted with modified conditions
Legal Topics
['development Consent' 'urban Design' 'streetscape' 'building Facade' 'local Environmental Plan' 'development Control Plan' 'design Excellence']
['planning and Environment Law'] ['development Consent' 'urban Design' 'streetscape' 'building Facade' 'local Environmental Plan' 'development Control Plan' 'design Excellence']

Case Brief

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Procedural Posture

Development Consent Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed alterations and additions including external cladding are consistent with planning controls and design excellence requirements' 'Whether conditions imposed relating to facade retention, cladding materials, and lift lobby refurbishment are reasonable and appropriate']

Ratio Decidendi

The proposed design, including the use of aluminium cladding for the fins, is a satisfactory response to planning controls and achieves a high standard of design excellence notwithstanding that a more preferable solution may exist; the requirements for facade retention and lift lobby refurbishment are unreasonable as the building is not heritage listed.

Court Disposition

Appeal upheld; conditional development consent granted with modified conditions

Orders

  • ['Deferred commencement Conditions 1A, B, C and D and 2 and Condition 8 and the last sentence in Condition 14 are deleted.' 'A new Condition 1A is imposed requiring masonry cladding on the box around the fins.' 'Condition 1E is retained as Condition 1B.' 'Condition 3 is amended as agreed.' 'Exhibit A is retained.'...