Grigorakis v Bayside Council [2016] NSWLEC 1573

Grigorakis v Bayside Council [2016] NSWLEC 1573

The proposed fourth storey will significantly and adversely affect the heritage significance of the building group known as Heritage Item I28, disrupting its streetscape qualities and setting, and is inconsistent with the relevant heritage and planning controls. The adverse effect warrants refusal of the development application.

Parties
Applicant: Marinos Grigorakis; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
01 December 2016
Procedural Posture
Appeal Against Refusal of Development Application / Final Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Application, Heritage Significance, Bulk and Scale, Streetscape Impact
Planning and Environment Law Development Application Heritage Significance Bulk and Scale Streetscape Impact

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Parties

Marinos Grigorakis

Applicant

Bayside Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Final Judgment

Legal Issues

  1. 1 Whether the proposed development adversely affects the heritage significance of Heritage Item I28
  2. 2 Whether the proposed development has unacceptable bulk and scale impacting the streetscape

Ratio Decidendi

The proposed fourth storey will significantly and adversely affect the heritage significance of the building group known as Heritage Item I28, disrupting its streetscape qualities and setting, and is inconsistent with the relevant heritage and planning controls. The adverse effect warrants refusal of the development application.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • The appeal is dismissed.
  • Development Application 14/122 for alterations and additions to an approved, but not constructed, 3 storey shop top housing development by adding a fourth storey containing a single bedroom apartment at 907 Botany Road, Mascot is refused.