Dorner v City of Sydney Council [2008] NSWLEC 1258

Dorner v City of Sydney Council [2008] NSWLEC 1258

The amendments proposed by the applicant, including reduction of planter box width, externalisation of guttering, and provision of a canopy tree, sufficiently address concerns regarding heritage impact and present an improved outcome; as amended, the s 96 application should be approved subject to conditions.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 June 2008
Procedural Posture
Appeal / Judgment on Appeal Under S. 96(6) of the Environmental Planning and Assessment Act 1979
Outcome
Appeal upheld; amended Section 96 application approved with conditions.
Legal Topics
['development Applications' 'heritage Impact' 'section 96 Modification' 'bulk and Scale' 'landscaping']
['planning and Environment' 'heritage'] ['development Applications' 'heritage Impact' 'section 96 Modification' 'bulk and Scale' 'landscaping']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment on Appeal Under S. 96(6) of the Environmental Planning and Assessment Act 1979

Legal Issues

  1. 1 ['Whether the amended Section 96 application for alterations at 183 Albion Street, Surry Hills should be approved having regard to impact on heritage item and adjoining properties.']

Ratio Decidendi

The amendments proposed by the applicant, including reduction of planter box width, externalisation of guttering, and provision of a canopy tree, sufficiently address concerns regarding heritage impact and present an improved outcome; as amended, the s 96 application should be approved subject to conditions.

Court Disposition

Appeal upheld; amended Section 96 application approved with conditions.

Orders

  • ['The appeal in respect of the property known as 183 Albion Street, Surry Hills, is upheld.' "The s 96 application submitted to the City of Sydney Council as shown in the amended plans Exhibit E is approved subject to conditions contained in Annexure 'A'." 'Exhibits are returned to the parties except Exhibits C, D...