Darling v Waverley Council [2003] NSWLEC 327
The proposed development would unacceptably affect the heritage significance and intactness of the split-level road and retaining wall at Gardyne Street, and the public interest in conserving the heritage-listed landscape outweighs the private benefits to the applicants.
- Jurisdiction
- Australia
- Judgment Date
- 18 December 2003
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- ['development Application' 'heritage Impact' "owner's Consent" 'precedent in Planning Decisions' 'parking and Amenity']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ['Whether the proposed aperture in the upper retaining wall is acceptable having regard to heritage considerations under the Waverley Local Environmental Plan (LEP)' 'Whether allowing the aperture would create an unacceptable precedent for further similar applications' 'Impact on heritage-listed items and conservation areas' "Safety and amenity considerations for the applicants' family"]
Ratio Decidendi
The proposed development would unacceptably affect the heritage significance and intactness of the split-level road and retaining wall at Gardyne Street, and the public interest in conserving the heritage-listed landscape outweighs the private benefits to the applicants.
Court Disposition
appeal dismissed
Orders
- ['The appeal is dismissed.' 'Development application L066/2003 for construction of a garage at 57 Gardyne Street, Bronte, being Lot A in deposited plan 320705 is refused.' 'The exhibits other than Exhibit B are returned.']
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