McKenzie v Ku-ring-gai Council [2018] NSWLEC 1683

McKenzie v Ku-ring-gai Council [2018] NSWLEC 1683

The dwelling makes a neutral contribution to the heritage significance of the Springdale Road Heritage Conservation Area and no longer reads as an example of inter-war architecture. Although the proposed roof cladding does not meet the like-for-like DCP control, the issue is the appropriateness of replacement material and colour rather than loss of original fabric. The Boral terracotta shingles in charcoal grey are compatible with and do not detract from the established character of the heritage conservation area, complement the contemporary character of the approved dwelling, and provide an unobtrusive neutral setting to nearby heritage items. It was therefore appropriate to approve the...

Jurisdiction
Australia
Judgment Date
24 December 2018
Procedural Posture
Class 1 Modification Application and Appeal Against Development Control Order / Final Hearing and Orders
Outcome
Appeals upheld; modification application approved; development control order revoked.
Legal Topics
['modification of Development Consent' 'development Control Order' 'roof Cladding Material and Colour' 'heritage Conservation Area Impact']
['planning and Environment Law' 'heritage Conservation' 'development Control'] ['modification of Development Consent' 'development Control Order' 'roof Cladding Material and Colour' 'heritage Conservation Area Impact']

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Procedural Posture

Class 1 Modification Application and Appeal Against Development Control Order / Final Hearing and Orders

Legal Issues

  1. 1 ['Whether Development Consent 0088/16 should be modified to substitute the approved roof cladding with Boral terracotta shingles in charcoal grey.' 'Whether Order EPA097/17 requiring removal of grey roof tiles and installation of tiles matching the original terracotta Marseille roof tiles should be revoked, modified or substituted.' 'Whether the grey shingle style roof cladding would have an unacceptable impact on the heritage significance of the Springdale Road Heritage Conservation Area.']

Ratio Decidendi

The dwelling makes a neutral contribution to the heritage significance of the Springdale Road Heritage Conservation Area and no longer reads as an example of inter-war architecture. Although the proposed roof cladding does not meet the like-for-like DCP control, the issue is the appropriateness of replacement material and colour rather than loss of original fabric. The Boral terracotta shingles in charcoal grey are compatible with and do not detract from the established character of the heritage conservation area, complement the contemporary character of the approved dwelling, and provide an unobtrusive neutral setting to nearby heritage items. It was therefore appropriate to approve the...

Court Disposition

Appeals upheld; modification application approved; development control order revoked.

Orders

  • ['The appeals are upheld.' 'Modification Application 0087/18 is approved to modify Development Consent 0088/16 for 23 Springdale Road, Killara, to change the roof cladding to Boral terracotta shingles in charcoal grey, subject to the consolidated conditions of consent at Annexure A.' 'Order EPA097/17 for 23...