John Parkes v Sutherland Shire Council [2006] NSWLEC 389

John Parkes v Sutherland Shire Council [2006] NSWLEC 389

The marginal increase in view loss caused by the modified roof form has no significant adverse impact on the heritage significance of 'Loch Lomond'; the modification is acceptable and the appeal should be upheld.

Jurisdiction
Australia
Judgment Date
06 July 2006
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
['modification of Development Approval' 'heritage Impact' 'view Loss' 'section 96 Application']
['planning and Environment Law'] ['modification of Development Approval' 'heritage Impact' 'view Loss' 'section 96 Application']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the proposed modification to the roof form causes unacceptable impacts on the heritage item 'Loch Lomond', particularly by way of loss of views to and from the heritage item."]

Ratio Decidendi

The marginal increase in view loss caused by the modified roof form has no significant adverse impact on the heritage significance of 'Loch Lomond'; the modification is acceptable and the appeal should be upheld.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'The application to modify Development Application No. 04/0300 to provide for a different roof form for the dwelling at 4 Loch Lomond Crescent, Burraneer is approved subject to the conditions in Annexure A.']