Lee v Woollahra Municipal Council [2018] NSWLEC 1597

Lee v Woollahra Municipal Council [2018] NSWLEC 1597

Leave to amend was granted because it was unopposed. Although the Court did not accept that the existing dwelling was non-contributory merely because it was constructed shortly after WWII or was not widely visible from the public domain, it accepted the agreed evidence that the dwelling was an unremarkable example of 1950s suburban architecture and of Morrow and Gordon's work. The amended proposal retained additional mature trees, reduced the volume of the building envelope, complied with the relevant planning controls, was sympathetic to the established character of the Rosemont Precinct, addressed objector concerns, and was therefore appropriate for development consent subject to...

Jurisdiction
Australia
Judgment Date
20 November 2018
Procedural Posture
Class 1 Development Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 389/2017 / Final Hearing and Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application Refusal' 'demolition of Existing Dwelling' 'construction of New Dwelling, Pool and Landscaping Works' 'woollahra Heritage Conservation Area' 'contributory Building' 'amended Plans' 'consent Orders']
['planning and Environment' 'development Consent' 'heritage Conservation'] ['development Application Refusal' 'demolition of Existing Dwelling' 'construction of New Dwelling, Pool and Landscaping Works' 'woollahra Heritage Conservation Area' 'contributory Building' 'amended Plans' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Development Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 389/2017 / Final Hearing and Orders

Legal Issues

  1. 1 ['Whether leave should be granted to amend the development application by relying on amended plans and documents.' "Whether demolition of the existing dwelling and construction of a new dwelling, pool and landscaping works should be approved despite the site's identification as a contributory item in the Woollahra Heritage Conservation Area." 'Whether the amended proposal was lawful and appropriate having regard to the relevant planning controls, heritage impacts, objector submissions and proposed conditions.']

Ratio Decidendi

Leave to amend was granted because it was unopposed. Although the Court did not accept that the existing dwelling was non-contributory merely because it was constructed shortly after WWII or was not widely visible from the public domain, it accepted the agreed evidence that the dwelling was an unremarkable example of 1950s suburban architecture and of Morrow and Gordon's work. The amended proposal retained additional mature trees, reduced the volume of the building envelope, complied with the relevant planning controls, was sympathetic to the established character of the Rosemont Precinct, addressed objector concerns, and was therefore appropriate for development consent subject to...

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the application for development consent, by relying on the documentation in Exhibits A (architectural plans) and Exhibit B (landscape plans) and listed in condition A.3 of Annexure A.' 'The appeal is upheld.' 'Development Application No. 389/2017 for the demolition of an...