Crivelly v Pittwater Council [2008] NSWLEC 1251

Crivelly v Pittwater Council [2008] NSWLEC 1251

The existing house was not listed as a heritage item in LEP 93 and, on the accepted heritage evidence, had no heritage significance. In any event, preserving its integrity would allow only minor extensions and little additional development, while the council raised no objection to the proposed replacement house. The demolition and new dwelling were therefore approved and the appeal was upheld.

Jurisdiction
Australia
Judgment Date
25 June 2008
Procedural Posture
Development Application Appeal / Ex Tempore Judgment on Appeal Against Refusal of Development Application
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'demolition of Existing House' 'heritage Significance of Unlisted House' 'foreshore Scenic Protection Area' 'development Consent']
['planning and Environment Law' 'heritage Conservation'] ['development Application' 'demolition of Existing House' 'heritage Significance of Unlisted House' 'foreshore Scenic Protection Area' 'development Consent']

Case Brief

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Procedural Posture

Development Application Appeal / Ex Tempore Judgment on Appeal Against Refusal of Development Application

Legal Issues

  1. 1 ['Whether the heritage significance of the existing cottage warranted its retention.' 'Whether demolition of the existing cottage should be permitted as part of the proposed development.' 'Whether retaining the existing house would leave reasonable development potential on the site.']

Ratio Decidendi

The existing house was not listed as a heritage item in LEP 93 and, on the accepted heritage evidence, had no heritage significance. In any event, preserving its integrity would allow only minor extensions and little additional development, while the council raised no objection to the proposed replacement house. The demolition and new dwelling were therefore approved and the appeal was upheld.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development application to demolish the existing house and erect a new house on lots 10 and 11 DP 11909, known as 165-167 Whale Beach Road, Whale Beach is determined by the grant of consent subject to the conditions in Annexure A.' 'The exhibits are returned except Exhibits 7 and A.']