David White Architects Pty Limited V Ku-ring-gai Council [2004] NSWLEC 169
The adverse impacts raised by the council were resolved after the applicant amended plans to lower the linking roof and eliminate the clerestory, ameliorating streetscape effects and satisfying heritage concerns. There was no remaining issue, and the amended application was satisfactory under s 79C of the Environmental Planning and Assessment Act 1979.
- Jurisdiction
- Australia
- Judgment Date
- 16 April 2004
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal upheld
- Legal Topics
- ['development Application' 'heritage Significance' 'residential Zoning']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ['Whether the proposed development affects the heritage significance of the item as per clause 61D(2) of the Ku-ring-gai Planning Scheme Ordinance' 'The public interest relating to maintenance of listed heritage items']
Ratio Decidendi
The adverse impacts raised by the council were resolved after the applicant amended plans to lower the linking roof and eliminate the clerestory, ameliorating streetscape effects and satisfying heritage concerns. There was no remaining issue, and the amended application was satisfactory under s 79C of the Environmental Planning and Assessment Act 1979.
Court Disposition
appeal upheld
Orders
- ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.' 'Development application No 955/03 to erect an attic-study within the roof space of the dwelling is approved subject to Conditions 1 to 24 in Annexure A.' 'Exhibits except B, C, 1 and 3 are returned.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment