Romeo & Anor v Pittwater Council [2008] NSWLEC 1363

Romeo & Anor v Pittwater Council [2008] NSWLEC 1363

The proposed modification involved largely internal works to an existing heritage item, would facilitate the continuing use of the building, involved little loss of significant fabric, would not increase the area of approved alterations and additions, was unlikely to have adverse environmental, streetscape, social or economic impacts, and attracted no objections after notification; accordingly there were no reasons sufficient to refuse the consent orders.

Jurisdiction
Australia
Judgment Date
29 August 2008
Procedural Posture
Modification Application in Planning Appeal / Consent Orders on Application to Modify Development Consent
Outcome
Application to modify development consent approved by consent; no order as to costs by agreement.
Legal Topics
['modification of Development Consent' 'alterations and Additions to Existing General Store, Post Office and Restaurant' 'heritage Item on Pittwater Foreshore' 'environmental Impact Assessment']
['planning and Environment Law' 'heritage Conservation'] ['modification of Development Consent' 'alterations and Additions to Existing General Store, Post Office and Restaurant' 'heritage Item on Pittwater Foreshore' 'environmental Impact Assessment']

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Procedural Posture

Modification Application in Planning Appeal / Consent Orders on Application to Modify Development Consent

Legal Issues

  1. 1 ['Whether the application to modify development consent 11362/2003 (No 667/02) for alterations to the existing Church Point General Store should be approved.' 'Whether the proposed works to a heritage item would have adverse heritage, environmental, streetscape, social or economic impacts sufficient to refuse the consent orders sought by the parties.']

Ratio Decidendi

The proposed modification involved largely internal works to an existing heritage item, would facilitate the continuing use of the building, involved little loss of significant fabric, would not increase the area of approved alterations and additions, was unlikely to have adverse environmental, streetscape, social or economic impacts, and attracted no objections after notification; accordingly there were no reasons sufficient to refuse the consent orders.

Court Disposition

Application to modify development consent approved by consent; no order as to costs by agreement.

Orders

  • ['The application to modify development consent 11362/2003 (No 667/02) filed with the Court on 3 June 2008 is approved.' 'Development consent 11362/2003 (No 667/02) is amended by deletion of the words "Ground Floor Plan E1 dated April 2004" and insertion of the works "Ground Floor Plan CPW-002 Revision D prepared by...