Armstrong v Hunters Hill C [2005] NSWLEC 229

Armstrong v Hunters Hill C [2005] NSWLEC 229

The amended development application was approved because, in the special circumstances of the site, the pavilion-style addition preserved the important roof form and heritage reading of the Federation cottage pair, and the Crescent Street garage was a discreet and sympathetic solution that did not dominate the streetscape, obscure the heritage dwelling, unreasonably affect neighbouring amenity, or undermine the objectives of the LEP and DCP. Rear garaging would reduce garden area and provide an inconvenient and less satisfactory parking outcome. The proposed garage therefore met the intent of the DCP and heritage controls and should not be treated as a precedent.

Jurisdiction
Australia
Judgment Date
22 April 2005
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Extempore Judgment After Hearing
Outcome
Appeal upheld and amended development application approved subject to conditions.
Legal Topics
['development Application' 'deemed Refusal' 'alterations and Additions to Dwelling' 'double Garage' 'heritage Item' 'conservation Area' 'streetscape' 'setback' 'car Parking' 'privacy' 'costs']
['planning and Environment Law' 'heritage Conservation'] ['development Application' 'deemed Refusal' 'alterations and Additions to Dwelling' 'double Garage' 'heritage Item' 'conservation Area' 'streetscape' 'setback' 'car Parking' 'privacy' 'costs']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether amended plans for alterations and additions to the dwelling and a double garage at 3 Crescent Street, Hunters Hill should be approved despite heritage, streetscape and Development Control Plan concerns.' 'Whether the proposed pavilion-style extension was sympathetic to the Federation cottage and surrounding heritage items.' 'Whether the proposed double garage opening in the Crescent Street stone retaining wall would unreasonably affect the streetscape, conservation area, heritage significance, garden area or amenity.' 'Whether development consent should be limited to two years rather than the five years provided for in the Environmental Planning and Assessment Act 1979.' 'Whether the applicant should pay costs incurred after the adjournment for amended plans.']

Ratio Decidendi

The amended development application was approved because, in the special circumstances of the site, the pavilion-style addition preserved the important roof form and heritage reading of the Federation cottage pair, and the Crescent Street garage was a discreet and sympathetic solution that did not dominate the streetscape, obscure the heritage dwelling, unreasonably affect neighbouring amenity, or undermine the objectives of the LEP and DCP. Rear garaging would reduce garden area and provide an inconvenient and less satisfactory parking outcome. The proposed garage therefore met the intent of the DCP and heritage controls and should not be treated as a precedent.

Court Disposition

Appeal upheld and amended development application approved subject to conditions.

Orders

  • ['The appeal in respect of the property known as 3 Crescent Street Hunters Hill is upheld.' 'The development application submitted to Hunters Hill Council, as amended and shown in exhibit J, is approved subject to the conditions contained in annexure A.' "The applicant is to pay $1200 for Mr Stephen Davies' costs to...