Michael Stuart Architects P/L v Woollahra MC [2005] NSWLEC 694

Michael Stuart Architects P/L v Woollahra MC [2005] NSWLEC 694

The proposed repairs and height increase of the fence are permissible with consent and satisfy heritage and planning objectives. The adverse impact on heritage significance or the streetscape is negligible as the fence will remain classified as 'low' and is consistent with original fabric and amenity requirements. Consent can be granted subject to appropriate conditions, including material controls for the added sandstone course.

Parties
Applicant: Michael Stuart Architects Pty Limited; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
06 December 2005
Procedural Posture
Appeal / Ex Tempore Judgment After Hearing
Outcome
appeal upheld; development consent may be granted subject to conditions
Legal Topics
Development Application, Alteration of Heritage Property, Planning Controls, Heritage Conservation, Boundary Fence
Planning Law Heritage Law Development Application Alteration of Heritage Property Planning Controls Heritage Conservation Boundary Fence

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Parties

Michael Stuart Architects Pty Limited

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Appeal / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 Whether development consent should be granted for the repair and alteration of a heritage-listed fence, including raising its height by 300mm
  2. 2 Impact of proposed works on heritage significance and streetscape
  3. 3 Compliance with planning controls and heritage objectives

Ratio Decidendi

The proposed repairs and height increase of the fence are permissible with consent and satisfy heritage and planning objectives. The adverse impact on heritage significance or the streetscape is negligible as the fence will remain classified as 'low' and is consistent with original fabric and amenity requirements. Consent can be granted subject to appropriate conditions, including material controls for the added sandstone course.

Court Disposition

appeal upheld; development consent may be granted subject to conditions

Orders

  • Parties to resolve appropriate and reasonable conditions of consent
  • Consent subject to a deferred commencement condition regarding use of reclaimed/weathered sandstone as first preference, subject to council approval