Kokkinis v Woollahra Municipal Council [2007] NSWLEC 666

Kokkinis v Woollahra Municipal Council [2007] NSWLEC 666

The proposal is refused because inclusion of a basement garage beneath the principal dwelling, raising the cottage level, and removal of the sandstone fence result in multiple non-compliances with the WHCADCP heritage and conservation controls, adversely impacting streetscape, heritage significance, and curtilage of the site; cumulative effects justify refusal.

Jurisdiction
Australia
Judgment Date
12 October 2007
Procedural Posture
Development Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
['development Application' 'heritage Conservation' 'streetscape' 'excavation Controls' 'building Alterations' 'site Overdevelopment']
['planning and Environment' 'heritage Law'] ['development Application' 'heritage Conservation' 'streetscape' 'excavation Controls' 'building Alterations' 'site Overdevelopment']

Case Brief

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Procedural Posture

Development Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the proposed basement garage and alterations comply with Woollahra Heritage Conservation Area Development Control Plan (WHCADCP)' 'Impacts of raising the cottage and including basement garage on heritage significance and streetscape' 'Compliance with excavation and parking controls' 'Impact of removal of sandstone fence on conservation area']

Ratio Decidendi

The proposal is refused because inclusion of a basement garage beneath the principal dwelling, raising the cottage level, and removal of the sandstone fence result in multiple non-compliances with the WHCADCP heritage and conservation controls, adversely impacting streetscape, heritage significance, and curtilage of the site; cumulative effects justify refusal.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Development consent for alterations and extensions to the existing cottage at No 54 Fletcher Street, Woollahra (as detailed in DA 869/2006/1) is refused.' 'The exhibits may be returned except for 4, 5, 6, 7, A and B.']