G K Morgan Pty Ltd v Lane Cove Council [2006] NSWLEC 304

G K Morgan Pty Ltd v Lane Cove Council [2006] NSWLEC 304

The proposal does not retain the setting and therefore significance of the heritage item due to the combination of reduction in the size of the rear garden relative to the size of the existing house and its front garden, removal of canopy trees, and insufficient separation between the existing and new house. This does not meet the requirements of clause 18E of Lane Cove LEP 1987.

Jurisdiction
Australia
Judgment Date
05 June 2006
Procedural Posture
Class 1 Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['development Applications' 'heritage Significance' 'subdivision' 'alterations and Additions']
['planning Law' 'heritage Law'] ['development Applications' 'heritage Significance' 'subdivision' 'alterations and Additions']

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Procedural Posture

Class 1 Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposal would have an acceptable impact on the heritage significance of the item' 'Whether the removal of trees and impact of the proposal on the cheese tree is acceptable']

Ratio Decidendi

The proposal does not retain the setting and therefore significance of the heritage item due to the combination of reduction in the size of the rear garden relative to the size of the existing house and its front garden, removal of canopy trees, and insufficient separation between the existing and new house. This does not meet the requirements of clause 18E of Lane Cove LEP 1987.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The development application (D226/05) is refused.' 'The exhibits, except exhibits 3 and 4, may be returned.']