Little Bay South Pty Limited v Randwick City Council [2009] NSWLEC 1393

Little Bay South Pty Limited v Randwick City Council [2009] NSWLEC 1393

On balance, the proposed 0.5 m high hedges, as modified by the amended plans, warranted approval because they were associated with the approved adaptive residential reuse of the Flowers Wards, were low, ordered and reversible, would retain a sufficient sense of open space, would not unreasonably block views or interfere with perception of the buildings as a group, and would not detract from their heritage significance when assessed against the LEP, DCP, Conservation Policy and Management Plan.

Jurisdiction
Australia
Judgment Date
26 November 2009
Procedural Posture
Development Modification Appeal Under S 96(1 A) of the Environmental Planning and Assessment Act 1979 / Judgment on Appeal Against Refusal or Non Approval of Modification to Conditions of Development Consent Da/207/2008
Outcome
Appeal upheld; development consent amended.
Legal Topics
['modification of Development Consent' 'adaptive Reuse of Heritage Buildings' 'landscape Works in Heritage Curtilage' 'prince Henry Hospital Site' 'flowers Wards']
['planning and Environment' 'heritage Conservation' 'development Control'] ['modification of Development Consent' 'adaptive Reuse of Heritage Buildings' 'landscape Works in Heritage Curtilage' 'prince Henry Hospital Site' 'flowers Wards']

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Procedural Posture

Development Modification Appeal Under S 96(1 A) of the Environmental Planning and Assessment Act 1979 / Judgment on Appeal Against Refusal or Non Approval of Modification to Conditions of Development Consent Da/207/2008

Legal Issues

  1. 1 ['Whether the proposed low hedges and associated landscape modifications would detract from the historically significant open landscaped setting of the Flowers Wards buildings and their heritage significance.' 'Whether the proposed modification was appropriately responsive to the Randwick Local Environmental Plan 1998, the Prince Henry Site-Development Control Plan 2004, the Conservation Management Plan and the Specific Elements Conservation Policy.' 'Whether the heritage controls should be applied in light of the approved adaptive reuse of the Flowers Wards for residential apartments and associated needs for privacy, security and demarcation of spaces.']

Ratio Decidendi

On balance, the proposed 0.5 m high hedges, as modified by the amended plans, warranted approval because they were associated with the approved adaptive residential reuse of the Flowers Wards, were low, ordered and reversible, would retain a sufficient sense of open space, would not unreasonably block views or interfere with perception of the buildings as a group, and would not detract from their heritage significance when assessed against the LEP, DCP, Conservation Policy and Management Plan.

Court Disposition

Appeal upheld; development consent amended.

Orders

  • ['The appeal is upheld.' 'Conditions 1, 4, 14, 73 and 74 of the development consent (DA/207/2008) for the adaptive reuse of the Flowers Wards and the Hill Theatre for residential development at 8-18 Brodie Avenue & 8-18 Curie Street & 6-16 Darwin Avenue & 18-20 Darwin Avenue & 22-32 Darwin Avenue, Little Bay NSW...