Lambros v Randwick City Council [2014] NSWLEC 1190

Lambros v Randwick City Council [2014] NSWLEC 1190

The proposed modifications, including the removal of the approved stair, widening of the garage, increased window height, modifications to terraces, and revised conditions regarding sandstone reuse, do not unacceptably affect the heritage significance or the streetscape, and provide for adequate pedestrian connectivity and appropriate heritage outcomes. The amendments are approved subject to revised conditions.

Parties
Applicant: Mr Mike Lambros; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
15 September 2014
Procedural Posture
Appeal Against Refusal to Modify Development Consent / Final Judgment After Hearing
Outcome
Appeal upheld; modification application approved
Legal Topics
Modification Application, Heritage Impact, Streetscape, Development Consent
Planning and Environment Modification Application Heritage Impact Streetscape Development Consent

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Parties

Mr Mike Lambros

Applicant

Randwick City Council

Respondent

Procedural Posture

Appeal Against Refusal to Modify Development Consent / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the approved stair is required on heritage or pedestrian connectivity grounds
  2. 2 Whether modifications to garage dimensions and window heights adversely impact heritage or streetscape
  3. 3 Whether changes to terraces and gate location are consistent with planning controls and heritage guidelines

Ratio Decidendi

The proposed modifications, including the removal of the approved stair, widening of the garage, increased window height, modifications to terraces, and revised conditions regarding sandstone reuse, do not unacceptably affect the heritage significance or the streetscape, and provide for adequate pedestrian connectivity and appropriate heritage outcomes. The amendments are approved subject to revised conditions.

Court Disposition

Appeal upheld; modification application approved

Orders

  • The appeal is upheld.
  • Modification Application No. DA/72/2013/1, for the removal of an approved set of stairs and revisions to the garage, streetfront and terrace over, is approved, subject to the consolidated conditions of consent at Annexure 'A'.