Melocco and Moore Architects v Woollahra Municipal Council [2009] NSWLEC 1005

Melocco and Moore Architects v Woollahra Municipal Council [2009] NSWLEC 1005

The modification application may be approved provided that amended plans are submitted and approved which retain the distinctive step in roof heights between Nos. 10 and 12 John Street, and accurately reflect the elevations and details of the existing facades, thus ensuring the key heritage and streetscape features...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 January 2009
Procedural Posture
Class 1 Appeal / Judgment on Appeal of Deemed Refusal of S96 Modification Application
Outcome
Appeal upheld subject to conditions
Legal Topics
['section 96 Applications' 'development Consent Modification' 'heritage Conservation Areas' 'building Height Controls' 'alterations and Additions in Conservation Areas']
['planning and Environment Law' 'heritage Conservation'] ['section 96 Applications' 'development Consent Modification' 'heritage Conservation Areas' 'building Height Controls' 'alterations and Additions in Conservation Areas']

Source-derived case record

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Procedural Posture

Class 1 Appeal / Judgment on Appeal of Deemed Refusal of S96 Modification Application

Legal Issues

  1. 1 ['Whether the proposed amendment to raise the roof and eaves gutter line of No. 12 John Street is acceptable in terms of heritage conservation area controls and streetscape character.' 'Whether the proposed changes are consistent with the Woollahra LEP 1995 and the Woollahra Heritage Conservation Area Development Control Plan 2003.']

Ratio Decidendi

The modification application may be approved provided that amended plans are submitted and approved which retain the distinctive step in roof heights between Nos. 10 and 12 John Street, and accurately reflect the elevations and details of the existing facades, thus ensuring the key heritage and streetscape features are preserved in accordance with the relevant controls.

Court Disposition

Appeal upheld subject to conditions

Orders

  • ['The s96 application is granted subject to conditions.' 'Development Consent DA 600/2007/1 is modified, subject to amended plans being prepared and filed with council and the Court.' 'Amended plans must retain the existing step in the roofs between Nos 10 and 12 John Street as per Exhibit 11 and show required...