East No. 3 Pty Ltd v Sydney City Council [2005] NSWLEC 708

East No. 3 Pty Ltd v Sydney City Council [2005] NSWLEC 708

The proposal as a whole can be approved only if the additional storey is deleted, because although refurbishment is beneficial and the improvements break down the bulk at lower levels, the additional storey increases bulk and is inconsistent with the conservation area objectives, and causes further disparity in scale. The proposal (as modified to delete the new floor) warrants approval.

Jurisdiction
Australia
Judgment Date
13 December 2005
Procedural Posture
Appeal / Judgment After Full Hearing
Outcome
Appeal upheld in part; approval granted subject to condition deleting the new upper floor (level 3)
Legal Topics
['development Application' 'heritage Conservation' 'urban Design' 'alterations and Additions' 'floor Space Ratio' 'height Controls']
['planning and Environment'] ['development Application' 'heritage Conservation' 'urban Design' 'alterations and Additions' 'floor Space Ratio' 'height Controls']

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Procedural Posture

Appeal / Judgment After Full Hearing

Legal Issues

  1. 1 ['Whether the proposed alterations and additions, including an additional storey, to an existing building in a conservation area have an acceptable impact on the conservation area and the streetscape.' 'Whether the proposal complies with relevant planning controls for height and floor space ratio in the context of alterations to an existing non-compliant building.' 'Whether the positive aspects of refurbishment compensate for any additional impact of the extra storey.']

Ratio Decidendi

The proposal as a whole can be approved only if the additional storey is deleted, because although refurbishment is beneficial and the improvements break down the bulk at lower levels, the additional storey increases bulk and is inconsistent with the conservation area objectives, and causes further disparity in scale. The proposal (as modified to delete the new floor) warrants approval.

Court Disposition

Appeal upheld in part; approval granted subject to condition deleting the new upper floor (level 3)

Orders

  • ['The appeal is upheld.' "The development application for alterations and additions to an existing residential flat building at 47 Bent Street, Paddington is approved subject to the conditions in Annexure 'A', including a condition that proposed level 3 be deleted." 'The exhibits, except exhibits J, O and 6 may be...