Patel v The Council of the City of Sydney [2019] NSWLEC 1080

Patel v The Council of the City of Sydney [2019] NSWLEC 1080

The new opening between Room 3.5 and Room 3.4 would impact the heritage significance of the State-listed Terrace Group "Palermo Terrace" by altering the principal room layout and planning configuration, reducing the significance of the principal bedroom and removing significant fabric. That impact was not acceptable...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 March 2019
Procedural Posture
Class 1 Appeal Against Consent Conditions Imposed on Modification Application D/2017/130/b / Hearing and Final Orders After Addendum
Outcome
Appeal upheld; modification application D/2017/130/B approved in accordance with amended plans and conditions, with the proposed opening between Room 3.5 and Room 3.4 not approved.
Legal Topics
['internal Alterations to State Heritage Register Terrace House' 'heritage Impact of New Internal Opening' 'modification Application Under S 4.55(2) of the Environmental Planning and Assessment Act 1979' 'integrated Development Requiring Approval Under the Heritage Act 1977' 'conservation Management Plan Compliance']
['planning and Environment' 'heritage Conservation' 'development Consent Modification'] ['internal Alterations to State Heritage Register Terrace House' 'heritage Impact of New Internal Opening' 'modification Application Under S 4.55(2) of the Environmental Planning and Assessment Act 1979' 'integrated Development Requiring Approval Under the Heritage Act 1977' 'conservation Management Plan Compliance']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Appeal Against Consent Conditions Imposed on Modification Application D/2017/130/b / Hearing and Final Orders After Addendum

Legal Issues

  1. 1 ['Whether the proposed new door opening between the bedroom and bathroom would have an unacceptable impact on the heritage significance of the Terrace Group "Palermo Terrace".' 'Whether the impact on significant fabric and principal room layout was justified by modern living standards, medical or accessibility concerns, or approvals for other nearby terraces.' 'Whether the roof hatch and bathroom partition wall could be approved subject to appropriate conditions.']

Ratio Decidendi

The new opening between Room 3.5 and Room 3.4 would impact the heritage significance of the State-listed Terrace Group "Palermo Terrace" by altering the principal room layout and planning configuration, reducing the significance of the principal bedroom and removing significant fabric. That impact was not acceptable because reasonable alternatives for bathroom access existed, the medical and modern living standards considerations did not outweigh the heritage impact, and cumulative loss of significant fabric and spaces was a relevant constraint under the endorsed CMP and Burra Charter. The roof hatch and reversible bathroom partition wall were acceptable subject to conditions and amended...

Court Disposition

Appeal upheld; modification application D/2017/130/B approved in accordance with amended plans and conditions, with the proposed opening between Room 3.5 and Room 3.4 not approved.

Orders

  • ['The applicant is granted leave to rely on the amended plans at Annexure A.' 'The appeal is upheld.' 'Modification application D/2017/130/B is approved, in accordance with the amended plans and conditions as set out in Annexure B.' 'The exhibits are to be returned, with the exception of Exhibits A and 1.']