Julian Segal, and Lucille Melanie Segal v Waverley Council [2004] NSWLEC 60

Julian Segal, and Lucille Melanie Segal v Waverley Council [2004] NSWLEC 60

The application, as amended, meets the planning objectives. The bulk, height, and design are satisfactory, with only minor breaches of controls. The impact on heritage landscape is slight and acceptable; any precedent is not sufficiently objectionable. The application is approved subject to conditions.

Jurisdiction
Australia
Judgment Date
27 February 2004
Procedural Posture
Appeal (development Application Refusal) / Final Determination With Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Applications' 'heritage Protection' 'bulk and Height Controls' 'local Environmental Plans' 'development Control Plans' 'floor Space Ratio' 'precedent']
['planning and Environment Law'] ['development Applications' 'heritage Protection' 'bulk and Height Controls' 'local Environmental Plans' 'development Control Plans' 'floor Space Ratio' 'precedent']

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Procedural Posture

Appeal (development Application Refusal) / Final Determination With Orders

Legal Issues

  1. 1 ["Whether the proposed development's bulk and height are appropriate under planning controls" 'Whether the garage opening in a heritage landscape item is permissible and sympathetic to heritage significance' 'Compliance with Waverley Local Environmental Plan 1996 and Development Control Plan No. 2' 'Impact on streetscape, amenity, and precedent']

Ratio Decidendi

The application, as amended, meets the planning objectives. The bulk, height, and design are satisfactory, with only minor breaches of controls. The impact on heritage landscape is slight and acceptable; any precedent is not sufficiently objectionable. The application is approved subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.' 'Development application No LD-407/2001 lodged with Waverley Council to demolish the existing dwelling and erect a new dwelling house at Lot B DP 320705 and Lot 1 DP 1004553, 55A Gardyne Street, Bronte, is approved subject to...