Clegg v Waverley Council [2012] NSWLEC 1103

Clegg v Waverley Council [2012] NSWLEC 1103

The key modifications approved are those consistent with heritage significance and local planning controls. The slate roof was not permitted due to heritage reasons and predominance of terracotta tiles in the vicinity. The garage must be set back to maintain ventilation and separate appearance for adjacent heritage dwellings. The second storey must be revised with increased setback and roof pitch modification to minimise visual bulk and overshadowing.

Jurisdiction
Australia
Judgment Date
27 April 2012
Procedural Posture
Appeal Class 1 (planning) / Final Determination After Hearing
Outcome
Appeal upheld in part; s 96 modification approved subject to conditions
Legal Topics
['modification of Development Consent' 'heritage Significance' 'compliance With Building Setbacks' 'visual Bulk and Overshadowing']
['planning Law' 'environmental Law'] ['modification of Development Consent' 'heritage Significance' 'compliance With Building Setbacks' 'visual Bulk and Overshadowing']

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Procedural Posture

Appeal Class 1 (planning) / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether proposed modifications are consistent with heritage significance' 'Whether the development complies with rear building line setbacks' 'Whether the proposal minimises visual bulk and overshadowing impacts']

Ratio Decidendi

The key modifications approved are those consistent with heritage significance and local planning controls. The slate roof was not permitted due to heritage reasons and predominance of terracotta tiles in the vicinity. The garage must be set back to maintain ventilation and separate appearance for adjacent heritage dwellings. The second storey must be revised with increased setback and roof pitch modification to minimise visual bulk and overshadowing.

Court Disposition

Appeal upheld in part; s 96 modification approved subject to conditions

Orders

  • ['The appeal is upheld in part.' 'The application under s 96(2) to modify development consent (DA 721/2010) is approved subject to conditions in Annexure A.' 'The exhibits, except exhibits 2, 7, A, H, O and P may be returned.']