Donald v Leichhardt Council [2012] NSWLEC 1326

Donald v Leichhardt Council [2012] NSWLEC 1326

Given the location, topography, design, expert heritage evidence, and prevailing character of the surroundings, the proposed double garage extension is consistent with the character of the area, has acceptable heritage and visual impacts, and complies with the relevant planning and heritage controls, warranting approval.

Parties
Applicant: Mr Jonathan Donald; Respondent: Leichhardt Council
Jurisdiction
Australia
Judgment Date
29 November 2012
Procedural Posture
Appeal (class 1) Modification Application / Judgment Following Hearing After Conciliation Conference Terminated
Outcome
Appeal upheld; modification application approved with conditions.
Legal Topics
Modification of Development Consent, Heritage Conservation, Development Controls, Residential Zoning, Visual and Heritage Impacts
Planning and Environment Heritage Modification of Development Consent Heritage Conservation Development Controls Residential Zoning Visual and Heritage Impacts

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Parties

Mr Jonathan Donald

Applicant

Leichhardt Council

Respondent

Procedural Posture

Appeal (class 1) Modification Application / Judgment Following Hearing After Conciliation Conference Terminated

Legal Issues

  1. 1 Whether the modification application for a double garage in the front setback is compatible with heritage conservation requirements
  2. 2 Whether the proposed development has an unacceptable impact on the streetscape and heritage significance of the property and conservation area
  3. 3 Whether the proposal complies with development controls regarding car parking and scale

Ratio Decidendi

Given the location, topography, design, expert heritage evidence, and prevailing character of the surroundings, the proposed double garage extension is consistent with the character of the area, has acceptable heritage and visual impacts, and complies with the relevant planning and heritage controls, warranting approval.

Court Disposition

Appeal upheld; modification application approved with conditions.

Orders

  • The appeal is upheld.
  • Modification application M/2011/193 for a double garage in the front setback of 20 Wharf Road, Birchgrove is approved, subject to the conditions in Annexure A.