Fiene v Leichhardt Municipal Council [2010] NSWLEC 1226

Fiene v Leichhardt Municipal Council [2010] NSWLEC 1226

The proposed front dormer window is uncharacteristic of the Federation style and its addition would constitute undesirable incremental change impacting the heritage significance of the conservation area. The increase in height of the rear addition is compatible with the conservation area and does not reduce its significance.

Jurisdiction
Australia
Judgment Date
27 July 2010
Procedural Posture
Appeal / Final Judgment
Outcome
appeal upheld in part and dismissed in part
Legal Topics
['development Consent Modification' 'heritage Significance Assessment' 's96 Application' 'conservation Area Impact']
['planning Law' 'heritage Law'] ['development Consent Modification' 'heritage Significance Assessment' 's96 Application' 'conservation Area Impact']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the proposed front dormer window adversely affects the heritage significance of the conservation area.' "Whether increased height of rear addition is compatible with the conservation area's significance."]

Ratio Decidendi

The proposed front dormer window is uncharacteristic of the Federation style and its addition would constitute undesirable incremental change impacting the heritage significance of the conservation area. The increase in height of the rear addition is compatible with the conservation area and does not reduce its significance.

Court Disposition

appeal upheld in part and dismissed in part

Orders

  • ['Development consent (D/2007/374) modified under s 96 of the Environmental Planning and Assessment Act 1979 by deletion of the plans in Condition 1 and replacement with Plan reference 02K and 03K drawn by Melocco & Moore dated 24/11/09.' 'Exhibits, except exhibits A and B, may be returned.']