Gelder Architecture v Ku-Ring-Gai Council [2010] NSWLEC 1184

Gelder Architecture v Ku-Ring-Gai Council [2010] NSWLEC 1184

The proposal is of a height, bulk and scale that is not compatible with and would adversely impact the character and heritage significance of the Yarabah Avenue Heritage Conservation Area. Significant weight must be given to LEP 2010 under the savings provision, and the proposed development does not satisfy its planning intent. Accordingly, the appeal and the development application are dismissed.

Jurisdiction
Australia
Judgment Date
19 July 2010
Procedural Posture
Appeal / Judgment at First Instance
Outcome
Appeal dismissed
Legal Topics
['development Application' 'heritage Conservation Area' 'weight of Draft and New Lep' 'heritage Impact Assessment']
['planning and Environment Law'] ['development Application' 'heritage Conservation Area' 'weight of Draft and New Lep' 'heritage Impact Assessment']

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Procedural Posture

Appeal / Judgment at First Instance

Legal Issues

  1. 1 ['What weight should be given to Ku-ring-gai Local Environmental Plan (Town Centres) 2010 in light of transitional provisions?' 'Is the proposed development compatible with the heritage significance and future character of the Yarabah Avenue Heritage Conservation Area?' 'Does the proposal satisfy the planning intent under the new planning controls, especially regarding bulk, scale and heritage impact?']

Ratio Decidendi

The proposal is of a height, bulk and scale that is not compatible with and would adversely impact the character and heritage significance of the Yarabah Avenue Heritage Conservation Area. Significant weight must be given to LEP 2010 under the savings provision, and the proposed development does not satisfy its planning intent. Accordingly, the appeal and the development application are dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The Development Application (0160/09) to demolish three existing dwellings and construct a residential flat building, basement car parking and associated landscaping and strata subdivision at 1-5 Yarabah Avenue, Gordon, be refused.' 'The exhibits are returned.']