Assad v Inner West Council [2017] NSWLEC 1362

Assad v Inner West Council [2017] NSWLEC 1362

The application is refused because the applicant has not provided sufficient information to show that the proposed development will not adversely affect the heritage significance of 'Amesbury'; the acoustic fencing as proposed is incompatible with the heritage significance of both 'Amesbury' and 'Roselea'; and the parking shortfall is not justified, with inadequate evidence to support departure from council requirements.

Jurisdiction
Australia
Judgment Date
12 July 2017
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
['development Consent' 'heritage Protection' 'parking Requirements' 'child Care Centre Regulation']
['planning Law' 'environmental Law'] ['development Consent' 'heritage Protection' 'parking Requirements' 'child Care Centre Regulation']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Whether the proposed development will adversely affect the heritage significance of 'Amesbury'" 'Whether the acoustic fence is compatible with the heritage significance of the item and adjoining item' 'Whether traffic, parking and access provisions are adequate for the proposed development']

Ratio Decidendi

The application is refused because the applicant has not provided sufficient information to show that the proposed development will not adversely affect the heritage significance of 'Amesbury'; the acoustic fencing as proposed is incompatible with the heritage significance of both 'Amesbury' and 'Roselea'; and the parking shortfall is not justified, with inadequate evidence to support departure from council requirements.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'DA 2015.179.1 for alterations and additions to an existing heritage listed building for a child care centre including associated car parking and landscaping works at 78 Alt Street, Ashfield is refused.' 'The exhibits are returned with the exception of exhibits 1, 13 and A.']