Banjanin v Mosman Council [2016] NSWLEC 1170

Banjanin v Mosman Council [2016] NSWLEC 1170

A front setback of 5.26m to the front verandah is appropriate for the proposed development, taking into account that the garden no longer contributes to the significance or setting of the heritage item at 30 Orlando Avenue, the side setbacks increase the sense of a landscaped setting, and a larger setback would disrupt streetscape rhythm and conservation area character. The amended proposal achieves a suitable neutral impact in the heritage conservation area and strikes the proper balance between planning controls, neighbour amenity, and heritage objectives.

Jurisdiction
Australia
Judgment Date
10 May 2016
Procedural Posture
Appeal / Judgment After Hearing, Post Conciliation
Outcome
Front setback determined at 5.26m; orders for further steps towards consent pending amended plans and conditions.
Legal Topics
['development Application' 'heritage Impact' 'front Setback' 'residential Zoning' 'subdivision' 'streetscape' 'conservation Area']
['planning and Environment Law' 'heritage Law'] ['development Application' 'heritage Impact' 'front Setback' 'residential Zoning' 'subdivision' 'streetscape' 'conservation Area']

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Procedural Posture

Appeal / Judgment After Hearing, Post Conciliation

Legal Issues

  1. 1 ['Appropriate front setback for proposed development' 'Impact on heritage significance and conservation area' 'Consistency with planning controls and streetscape' 'Amenity impacts on neighbours']

Ratio Decidendi

A front setback of 5.26m to the front verandah is appropriate for the proposed development, taking into account that the garden no longer contributes to the significance or setting of the heritage item at 30 Orlando Avenue, the side setbacks increase the sense of a landscaped setting, and a larger setback would disrupt streetscape rhythm and conservation area character. The amended proposal achieves a suitable neutral impact in the heritage conservation area and strikes the proper balance between planning controls, neighbour amenity, and heritage objectives.

Court Disposition

Front setback determined at 5.26m; orders for further steps towards consent pending amended plans and conditions.

Orders

  • ['Front setback of proposal to front verandah to be 5.26m.' 'Applicant to file and serve amended proposal by 17 May 2016.' 'Parties to arrange a hearing date and Council to notify resident objectors in accordance with relevant Court Practice Note.' 'Liberty to restore on two days’ notice.']