Giles v Sydney City Council [2006] NSWLEC 230

Giles v Sydney City Council [2006] NSWLEC 230

The two storey rear addition would impact the consistency of an intact row of terraces and be highly visible, contravening Heritage DCP and LEP 1998 requirements. However, solar access considerations do not warrant deletion of the rear studio as solar access to adjoining properties is acceptable and heritage impact of the studio is minor.

Parties
Applicant: Ian Giles; Respondent: Sydney City Council
Jurisdiction
Australia
Judgment Date
04 April 2006
Procedural Posture
Development Appeal / Ex Tempore Judgment
Outcome
appeal upheld; development application partially approved subject to conditions
Legal Topics
Development Application, Heritage Conservation, Solar Access
Planning Law Environmental Law Heritage Law Development Application Heritage Conservation Solar Access

Case Brief

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Parties

Ian Giles

Applicant

Sydney City Council

Respondent

Procedural Posture

Development Appeal / Ex Tempore Judgment

Legal Issues

  1. 1 Whether the first floor addition proposed to the rear of the existing terrace would have a detrimental impact on the significance of the conservation area.
  2. 2 Whether the solar access to the outdoor areas of the development is unacceptable and warrants deletion of the rear studio.

Ratio Decidendi

The two storey rear addition would impact the consistency of an intact row of terraces and be highly visible, contravening Heritage DCP and LEP 1998 requirements. However, solar access considerations do not warrant deletion of the rear studio as solar access to adjoining properties is acceptable and heritage impact of the studio is minor.

Court Disposition

appeal upheld; development application partially approved subject to conditions

Orders

  • The appeal is upheld.
  • The development application for alterations and additions at 71 Boronia Street, Redfern, is approved subject to conditions in Attachment 'A', including deferred commencement conditions requiring deletion of the first floor addition and allowing extension of the ground floor to the southern wall of the existing...