Hickson v Woollahra Municipal Council [2008] NSWLEC 1275

Hickson v Woollahra Municipal Council [2008] NSWLEC 1275

The Court was satisfied that the consent orders could be made because the heritage experts agreed, after further information, that the original roof form was likely to have been pitched and that the proposed changes would have an acceptable impact on the heritage significance of the conservation area; the other issues had been resolved or were not pressed.

Jurisdiction
Australia
Judgment Date
17 June 2008
Procedural Posture
Appeal Against Refusal of an Application Under S 96 of the Environmental Planning and Assessment Act to Modify a Development Consent / Ex Tempore Judgment; Consent Orders
Outcome
Appeal upheld; consent granted to the s 96 modification application.
Legal Topics
['development Consent Modification' 'alterations and Additions to Existing Terrace' 'heritage Significance of Conservation Area' 'consent Orders']
['environmental and Planning Law' 'heritage Conservation'] ['development Consent Modification' 'alterations and Additions to Existing Terrace' 'heritage Significance of Conservation Area' 'consent Orders']

Case Brief

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Procedural Posture

Appeal Against Refusal of an Application Under S 96 of the Environmental Planning and Assessment Act to Modify a Development Consent / Ex Tempore Judgment; Consent Orders

Legal Issues

  1. 1 ['Whether the changes to the roof form would have an adverse impact on the heritage significance of the conservation area' 'Whether the proposal was substantially the same development' 'A legal issue between the parties that was resolved']

Ratio Decidendi

The Court was satisfied that the consent orders could be made because the heritage experts agreed, after further information, that the original roof form was likely to have been pitched and that the proposed changes would have an acceptable impact on the heritage significance of the conservation area; the other issues had been resolved or were not pressed.

Court Disposition

Appeal upheld; consent granted to the s 96 modification application.

Orders

  • ['The appeal is upheld.' 'Consent is granted to the s 96 modification No. 06/334/2 dated 30 October 2007.' 'Development Consent No. 06/334 issued on 9 May 2007 is modified by the deletion of Condition A.3 and its replacement by Condition A.3 in "Attachment 1".' 'The exhibits may be returned except Exhibits 1 and C.'...