Kolb v City of Sydney Council [2020] NSWLEC 1343

Kolb v City of Sydney Council [2020] NSWLEC 1343

Given extensive loss of original heritage fabric, structural and pest deficiencies, and compliance with all procedural planning requirements including heritage and economic assessments, demolition does not unreasonably affect the heritage significance of the conservation area; proposed development is appropriate, satisfies design excellence, and should be approved.

Parties
Applicant: Maria Kolb; Respondent: City of Sydney Council
Jurisdiction
Australia
Judgment Date
04 August 2020
Procedural Posture
Appeal / Final Orders After Hearing
Outcome
Appeal upheld
Legal Topics
Development Application, Heritage Conservation, Subdivision, Demolition, Design Excellence
Planning and Environment Law Development Application Heritage Conservation Subdivision Demolition Design Excellence

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Parties

Maria Kolb

Applicant

City of Sydney Council

Respondent

Procedural Posture

Appeal / Final Orders After Hearing

Legal Issues

  1. 1 Whether there is sufficient justification for demolition of a contributory heritage building
  2. 2 Whether the development adversely impacts the heritage conservation area
  3. 3 Whether the proposed dwellings provide adequate solar access and residential amenity

Ratio Decidendi

Given extensive loss of original heritage fabric, structural and pest deficiencies, and compliance with all procedural planning requirements including heritage and economic assessments, demolition does not unreasonably affect the heritage significance of the conservation area; proposed development is appropriate, satisfies design excellence, and should be approved.

Court Disposition

Appeal upheld

Orders

  • Appeal is upheld.
  • Development Application D/2018/591 for demolition, subdivision, and construction of 2 x 2 storey terrace dwellings at 46 Chisholm Street, Darlinghurst is approved subject to Annexure A conditions.