Eastview v Sydney City Council [2004] NSWLEC 177

Eastview v Sydney City Council [2004] NSWLEC 177

The impact on Wentworth House and the streetscape from a 35m or 55m tall building was determined to be very similar due to the existing context of tall city buildings; a sloping height line connecting roofs does not provide urban design benefits if only applied to one block.

Jurisdiction
Australia
Judgment Date
27 April 2004
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Judgment
Outcome
Appeal upheld
Legal Topics
['development Application' 'urban Design' 'heritage Impact']
['planning and Environment Law'] ['development Application' 'urban Design' 'heritage Impact']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Against Deemed Refusal of Development Application / Judgment

Legal Issues

  1. 1 ["Is the impact of the proposal's height on Wentworth House acceptable?" "Is the impact of the proposal's height on the streetscape of Wentworth Avenue acceptable?"]

Ratio Decidendi

The impact on Wentworth House and the streetscape from a 35m or 55m tall building was determined to be very similar due to the existing context of tall city buildings; a sloping height line connecting roofs does not provide urban design benefits if only applied to one block.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'Development application to demolish the existing building and erect a 16-storey building containing offices and apartments on lots 4-6 DP 6380, known as 61-65 Wentworth Avenue, Surry Hills is determined by granting of consent subject to conditions.' 'The exhibits are returned except...