Michael Hesse v Parramatta City Council [2003] NSWLEC 313

Michael Hesse v Parramatta City Council [2003] NSWLEC 313

The appeal was dismissed because the proposed conversion, including replacing the plant room with two residential floors and adding external balconies, would increase the visual bulk and prominence of an already out-of-scale nine-storey building in the nationally significant Harris Park Precinct and in views from heritage items, making its built-environment impact unacceptable.

Jurisdiction
Australia
Judgment Date
21 November 2003
Procedural Posture
Appeal Against Refusal of a Development Application / Judgment After Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'existing Use Rights' 'adaptive Re Use' 'heritage Impact' 'visual Bulk' 'residential Flat Building Amenity' 'cross Ventilation' 'solar Access' 'privacy and Overlooking' 'strata Titling']
['planning and Environment Law' 'development Assessment' 'heritage Conservation'] ['development Application' 'existing Use Rights' 'adaptive Re Use' 'heritage Impact' 'visual Bulk' 'residential Flat Building Amenity' 'cross Ventilation' 'solar Access' 'privacy and Overlooking' 'strata Titling']

Case Brief

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Procedural Posture

Appeal Against Refusal of a Development Application / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed strata titling of the building was appropriate.' 'Whether the visual impact on the Harris Park Precinct and heritage items within and outside it was acceptable.' 'Whether the cross ventilation of the proposed dwellings was adequate.' 'Whether the solar access of the proposed dwellings was adequate.' 'Whether the impact on the privacy of adjoining houses was acceptable.' 'Whether adaptive re-use of an existing building was inherently in the public interest so as to justify less stringent assessment standards.']

Ratio Decidendi

The appeal was dismissed because the proposed conversion, including replacing the plant room with two residential floors and adding external balconies, would increase the visual bulk and prominence of an already out-of-scale nine-storey building in the nationally significant Harris Park Precinct and in views from heritage items, making its built-environment impact unacceptable.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development application to convert the Mercure Motel on lot 101 DP 840898, known as 104-106 Hassall Street, Rosehill, into an apartment building is determined by refusal.' 'The exhibits are returned.']