Cracknell Lonergan Architects v Woollahra Municipal Council and Margaret Butler v Woollahra Municipal Council [2008] NSWLEC 1528

Cracknell Lonergan Architects v Woollahra Municipal Council and Margaret Butler v Woollahra Municipal Council [2008] NSWLEC 1528

The proposed contemporary fence and door are not in accordance with the DCP, which requires replacement of missing elements such as fences and doors to be consistent with the traditional architectural style of the terrace and the group where relevant. There is adequate known evidence to guide traditional replacement, and infill development provisions do not apply to such element replacement. The development application should be amended to require traditional replacements as per the DCP.

Jurisdiction
Australia
Judgment Date
24 November 2008
Procedural Posture
Appeal / Judgment After Hearing
Outcome
appeals dismissed in part; application to be amended in accordance with the judgment
Legal Topics
['modification of Development Consent' 'heritage Conservation Areas' 'replacement of Missing Architectural Elements' 'interpretation of Development Control Plans']
['planning Law' 'heritage Law'] ['modification of Development Consent' 'heritage Conservation Areas' 'replacement of Missing Architectural Elements' 'interpretation of Development Control Plans']

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Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the replacement of the front door, fence, and gate adversely impacts the heritage significance of the conservation area' 'Whether the proposed works constitute infill development under the DCP' 'What design is required for replacement elements under relevant planning controls']

Ratio Decidendi

The proposed contemporary fence and door are not in accordance with the DCP, which requires replacement of missing elements such as fences and doors to be consistent with the traditional architectural style of the terrace and the group where relevant. There is adequate known evidence to guide traditional replacement, and infill development provisions do not apply to such element replacement. The development application should be amended to require traditional replacements as per the DCP.

Court Disposition

appeals dismissed in part; application to be amended in accordance with the judgment

Orders

  • ['The s 96 application should be amended to show the balustrade and frieze in option A (exhibit A), a traditional four panel late Victorian front door, the brick pillars as built and a traditional palisade fence and gate. Once so amended, the s 96 application may be approved and the Order would be spent.']