Kanobay Pty Ltd v Sydney City Council [2004] NSWLEC 493
The proposed development is not consistent with statutory and policy requirements for design quality and heritage conservation, fails to comply with height and bulk controls, and adversely impacts surrounding contributory buildings and heritage item; appeal for development consent refused.
- Jurisdiction
- Australia
- Judgment Date
- 15 September 2004
- Procedural Posture
- Development Application Appeal / Final Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- ['development Consent' 'soil Contamination' 'heritage Conservation' 'design Quality' 'overshadowing' 'amenity']
Case Brief
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Procedural Posture
Development Application Appeal / Final Judgment
Legal Issues
- 1 ['Whether the proposed redevelopment satisfies statutory and policy requirements for design quality and heritage in a conservation area' 'Whether demolition of the existing building is appropriate given heritage and streetscape considerations' 'Whether development proposal is consistent with relevant development control plans and environmental planning policies' 'Whether overshadowing and amenity impacts are acceptable']
Ratio Decidendi
The proposed development is not consistent with statutory and policy requirements for design quality and heritage conservation, fails to comply with height and bulk controls, and adversely impacts surrounding contributory buildings and heritage item; appeal for development consent refused.
Court Disposition
Appeal dismissed
Orders
- ['The appeal is dismissed.' 'Exhibits may be returned, other than exhibits A, B and 8.']
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