Innovative Building Design Pty Llimited v Sutherland Shire Council [2006] NSWLEC 380

Innovative Building Design Pty Llimited v Sutherland Shire Council [2006] NSWLEC 380

The proposed development unacceptably impacts the heritage significance of the heritage item and its setting, primarily through the location, scale, and bulk of Dwelling 1, which visually dominates and adversely affects the heritage item from the streetscape. As a result, the requirements of clause 14(2) and clause 15(a) of the Sutherland Shire LEP 2000 are not satisfied, and the appeal must be dismissed.

Jurisdiction
Australia
Judgment Date
30 June 2006
Procedural Posture
Appeal / Judgment on Appeal Against Refusal of Development Application
Outcome
Appeal dismissed
Legal Topics
['development Application' 'heritage Conservation' 'cluster Housing' 'amenity' 'planning Controls']
['planning and Environment'] ['development Application' 'heritage Conservation' 'cluster Housing' 'amenity' 'planning Controls']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal Against Refusal of Development Application

Legal Issues

  1. 1 ['Whether the proposed development unacceptably affects the heritage significance of the heritage item and its setting' 'Whether the development gains the benefit of the heritage incentive provisions in clause 15 of Sutherland Shire LEP 2000' 'Whether the development is appropriately classified as cluster housing or townhouse under LEP 2000' 'Whether SEPP 1 objections to the development standards are well founded']

Ratio Decidendi

The proposed development unacceptably impacts the heritage significance of the heritage item and its setting, primarily through the location, scale, and bulk of Dwelling 1, which visually dominates and adversely affects the heritage item from the streetscape. As a result, the requirements of clause 14(2) and clause 15(a) of the Sutherland Shire LEP 2000 are not satisfied, and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'DA 05/0884 for alterations and additions to an existing heritage item and the construction of three attached dwellings to form a cluster housing development at 27 - 31 Smarts Crescent, Burraneer is refused.' 'The exhibits are returned.']