Takchi E v Hornsby Shire Council [2007] NSWLEC 597
The application was refused because the proposed new dwelling and subdivision would significantly reduce the curtilage and rear garden of the heritage-listed item, adversely impacting its heritage significance and visual setting, contrary to planning and heritage objectives.
- Jurisdiction
- Australia
- Judgment Date
- 20 September 2007
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- ['development Application' 'heritage Significance' 'subdivision' 'local Environmental Plan' 'development Control Plan']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 ['whether proposed development and subdivision adversely affect heritage significance and curtilage of heritage item' 'compliance with planning controls and development standards' 'impact on neighbourhood and adjoining properties' 'adequacy of car parking provision' 'public interest in preservation of heritage item']
Ratio Decidendi
The application was refused because the proposed new dwelling and subdivision would significantly reduce the curtilage and rear garden of the heritage-listed item, adversely impacting its heritage significance and visual setting, contrary to planning and heritage objectives.
Court Disposition
appeal dismissed
Orders
- ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is dismissed.' 'Development application No 1676/06 to erect a new dwelling and subdivide is refused development consent.' 'Exhibits except for specified ones are returned.']
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