Figgis & Jefferson v Hunters Hill Council [2005] NSWLEC 169

Figgis & Jefferson v Hunters Hill Council [2005] NSWLEC 169

The proposed two storey addition, with a 1.2 m setback and two storey elevation close to Abigail Street, was inconsistent with the scale, bulk and character of neighbouring development, overpowered the modest single storey heritage cottage, and was too large for the small and narrow site. It was therefore inconsistent with cl 2(a) and cl 2(b3) of the Hunters Hill Local Environmental Plan No. 1, would have an unacceptable impact on the heritage item and its setting under cl 19(2) and cl 19(3), and would have an unacceptable impact on the heritage significance of the conservation area under cl 19A(2). The erection of a two storey wall on the boundary and within 1 m of the adjoining dwelling...

Jurisdiction
Australia
Judgment Date
16 March 2005
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Ex Tempore Judgment After Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'partial Demolition and Additions to Dwelling' 'heritage Impact' 'streetscape and Character' 'residential Amenity' 'precedent']
['environmental Planning Law' 'heritage Conservation' 'development Control'] ['development Application' 'partial Demolition and Additions to Dwelling' 'heritage Impact' 'streetscape and Character' 'residential Amenity' 'precedent']

Case Brief

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Procedural Posture

Appeal Against Deemed Refusal of Development Application / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed development would have an unacceptable impact on the existing dwelling, nearby heritage items and the conservation area' 'Whether the proposed development would adversely impact the amenity of adjoining properties' 'Whether the proposed development would create an unacceptable precedent']

Ratio Decidendi

The proposed two storey addition, with a 1.2 m setback and two storey elevation close to Abigail Street, was inconsistent with the scale, bulk and character of neighbouring development, overpowered the modest single storey heritage cottage, and was too large for the small and narrow site. It was therefore inconsistent with cl 2(a) and cl 2(b3) of the Hunters Hill Local Environmental Plan No. 1, would have an unacceptable impact on the heritage item and its setting under cl 19(2) and cl 19(3), and would have an unacceptable impact on the heritage significance of the conservation area under cl 19A(2). The erection of a two storey wall on the boundary and within 1 m of the adjoining dwelling...

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'DA2004/1144 for the partial demolition of an existing dwelling and the construction of further additions to the dwelling at 14 Martin Street, Hunters Hill is refused.' 'The exhibits are returned with the exception of exhibit D.']