Shannon v Ku-ring-gai Council [2013] NSWLEC 1033
The garage does not contribute to the heritage significance or setting of 'Pevensey'. Its demolition will not diminish the heritage significance of the site; therefore, deletion of condition 61 is warranted and approved.
- Parties
- Applicants: James and Felicity Shannon; Respondent: Ku-ring-gai Council
- Jurisdiction
- Australia
- Judgment Date
- 28 February 2013
- Procedural Posture
- Appeal Under S97 AA Environmental Planning and Assessment Act 1979 / Final Decision After Hearing
- Outcome
- Appeal upheld. Modification application approved.
- Legal Topics
- Modification of Development Consent, Heritage Significance Assessment, Demolition of Outbuildings
Case Brief
Summary, issues, holding and outcome
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Parties
James and Felicity Shannon
Applicants
Ku-ring-gai Council
Respondent
Procedural Posture
Appeal Under S97 AA Environmental Planning and Assessment Act 1979 / Final Decision After Hearing
Legal Issues
- 1 Whether the garage contributes to the heritage significance of 'Pevensey'
- 2 Whether condition 61 requiring retention of the garage should be deleted
Ratio Decidendi
The garage does not contribute to the heritage significance or setting of 'Pevensey'. Its demolition will not diminish the heritage significance of the site; therefore, deletion of condition 61 is warranted and approved.
Court Disposition
Appeal upheld. Modification application approved.
Orders
- The appeal is upheld.
- Modification Application No. MOD0157/12 to delete condition 61 of DA0653/11 requiring the retention of a garage is approved, subject to the conditions in Annexure 'A'.
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