Salwyn v Sydney City Council [2008] NSWLEC 1245

Salwyn v Sydney City Council [2008] NSWLEC 1245

The demolition of 43 Burton Street, a contributory item, and the proposed roof design would have an unacceptable adverse impact on the Conservation Area; thus, the development application should be refused.

Parties
Applicant: Clement Salwyn; Respondent: City of Sydney Council
Jurisdiction
Australia
Judgment Date
24 June 2008
Procedural Posture
Development Application Appeal / Final Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Applications, Conservation Areas, Heritage Buildings, Contemporary Architecture
Planning Law Heritage Conservation Development Applications Conservation Areas Heritage Buildings Contemporary Architecture

Case Brief

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Parties

Clement Salwyn

Applicant

City of Sydney Council

Respondent

Procedural Posture

Development Application Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed development has an adverse impact on the significance of the Conservation Area

Ratio Decidendi

The demolition of 43 Burton Street, a contributory item, and the proposed roof design would have an unacceptable adverse impact on the Conservation Area; thus, the development application should be refused.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • The appeal is dismissed.
  • Development application to amalgamate lot 1 DP 183876 (known as 278 Palmer Street and 45 Burton Street) and lot 45 DP 860217 (known as 43 Burton Street), to demolish the terrace house on 43 Burton Street and re-construct the existing warehouses on 278 Palmer Street and 45 Burton Street, producing in the process a...