Kazem Daemi - Hamedami v Waverley Council [2004] NSWLEC 617

Kazem Daemi - Hamedami v Waverley Council [2004] NSWLEC 617

The proposed development would have an adverse impact on the streetscape and the heritage character of the 'Woodstock' Urban Heritage Conservation Area and does not satisfy the relevant planning controls concerning heritage conservation, streetscape integrity, and minimum car space dimensions. The public interest in preserving the streetscape outweighs the applicant's private need for off-street parking.

Parties
Applicant: Kazem Daemi - Hamedami; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
09 November 2004
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment After Hearing
Outcome
Appeal dismissed
Legal Topics
Development Application, Streetscape Impact, Heritage Conservation
Planning and Environment Development Application Streetscape Impact Heritage Conservation

Case Brief

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Parties

Kazem Daemi - Hamedami

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed development is inconsistent with and will have an adverse impact upon the architectural character of the existing dwelling house and its historic streetscape under the Waverley Local Environmental Plan 1996
  2. 2 Whether the proposed development is consistent with the design guidelines and principles specified in Development Control Plan No.18 - Heritage Conservation
  3. 3 Whether the proposed development is consistent with the minimum dimensions required for car parking spaces within Part 9 of DCP 2 and Part 4 of DCP 14

Ratio Decidendi

The proposed development would have an adverse impact on the streetscape and the heritage character of the 'Woodstock' Urban Heritage Conservation Area and does not satisfy the relevant planning controls concerning heritage conservation, streetscape integrity, and minimum car space dimensions. The public interest in preserving the streetscape outweighs the applicant's private need for off-street parking.

Court Disposition

Appeal dismissed

Orders

  • The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is dismissed.
  • Development application No 0413/03 to construct a carport, involving the removal of the front verandah at 32 Gowrie Avenue, Bondi Junction is refused consent.