Burgess v Woollahra Council [2004] NSWLEC 626

Burgess v Woollahra Council [2004] NSWLEC 626

The proposed development is generally acceptable subject to conditions ensuring that weatherboard cladding is not used contrary to DCP requirements, the garage width is narrowed for pedestrian safety, and that ameliorative measures to the balcony are implemented. The objection to rear extension is not sustainable given privacy screening and reduced balcony size.

Parties
Applicant: Michael Burgess; Respondent: Woollahra Council
Jurisdiction
Australia
Judgment Date
08 November 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld, subject to filing of revised agreed plans and conditions; orders to be made upon filing.
Legal Topics
Development Applications, Heritage Significance, Development Control Plans, Neighbour Impacts
Planning Law Environmental Law Heritage Law Development Applications Heritage Significance Development Control Plans Neighbour Impacts

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Parties

Michael Burgess

Applicant

Woollahra Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether proposed development detracts from heritage significance of the site and neighbouring items
  2. 2 Acceptability of weatherboard cladding to rear extension
  3. 3 Acceptability of double garage to Smith Street and its width

Ratio Decidendi

The proposed development is generally acceptable subject to conditions ensuring that weatherboard cladding is not used contrary to DCP requirements, the garage width is narrowed for pedestrian safety, and that ameliorative measures to the balcony are implemented. The objection to rear extension is not sustainable given privacy screening and reduced balcony size.

Court Disposition

Appeal upheld, subject to filing of revised agreed plans and conditions; orders to be made upon filing.

Orders

  • Revised agreed plans and conditions to be filed reflecting the decision.
  • Orders will be issued in Chambers upon filing of revised agreed plans and conditions.