Filidelfia Projects v Ku-ring-gai Council [2008] NSWLEC 1274

Filidelfia Projects v Ku-ring-gai Council [2008] NSWLEC 1274

The effect of the proposed development on the heritage significance of The Briars is unacceptable, particularly due to the increased bulk and presence of a mansard roof and dormers, which would be clearly visible and diminish the heritage experience, contrary to cl 61E of the Ku-ring-gai Planning Scheme Ordinance.

Jurisdiction
Australia
Judgment Date
27 June 2008
Procedural Posture
Development Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
['development Application' 'heritage Impact Assessment' 'residential Flat Building']
['planning Law' 'heritage Protection'] ['development Application' 'heritage Impact Assessment' 'residential Flat Building']

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Procedural Posture

Development Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the proposed residential flat building would have an unacceptable impact on the heritage significance of The Briars at 14 Woonona Avenue, Wahroonga']

Ratio Decidendi

The effect of the proposed development on the heritage significance of The Briars is unacceptable, particularly due to the increased bulk and presence of a mansard roof and dormers, which would be clearly visible and diminish the heritage experience, contrary to cl 61E of the Ku-ring-gai Planning Scheme Ordinance.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'DA 1136/07 for the erection of a residential flat building at 3-13 Bundarra Avenue and 10 Woonona Avenue, Wahroonga is refused.' 'The exhibits are returned.']