Wedderburn v Woollahra Municipal Council [2008] NSWLEC 1102

Wedderburn v Woollahra Municipal Council [2008] NSWLEC 1102

Although the proposed garage doors did not comply with many requirements of the Paddington Development Control Plan 1999, the particular circumstances of Paddington Lane, including the prevalence of garage doors and a high percentage of double garage doors virtually the same width as their allotments, made strict compliance unnecessary and unreasonable; the garage length issue was resolved by minor repositioning of the rear garage wall and the heritage issue was resolved by redesign of the garage door, so the appeal should be upheld and the consent amended as agreed.

Jurisdiction
Australia
Judgment Date
03 March 2008
Procedural Posture
Appeal Against Refusal of a S96 Modification Application for Deletion of Condition 2(a) of a Development Consent / Ex Tempore Judgment After Proceedings Conducted Under S34 of the Land and Environment Court Act 1979 and Disposed of by Consent Under S34(3)(b)(ii)
Outcome
Appeal upheld; development consent amended in the manner agreed between the parties.
Legal Topics
['modification Application' 'development Consent Conditions' 'double Garage' 'garage Dimensions' 'heritage Impacts' 'paddington Heritage Conservation Area']
['planning and Environment' 'heritage Conservation'] ['modification Application' 'development Consent Conditions' 'double Garage' 'garage Dimensions' 'heritage Impacts' 'paddington Heritage Conservation Area']

Case Brief

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Procedural Posture

Appeal Against Refusal of a S96 Modification Application for Deletion of Condition 2(a) of a Development Consent / Ex Tempore Judgment After Proceedings Conducted Under S34 of the Land and Environment Court Act 1979 and Disposed of by Consent Under S34(3)(b)(ii)

Legal Issues

  1. 1 ['Whether the proposed double garage door would not be sympathetic to the character of the Paddington Heritage Conservation Area taking into account the requirements of the Woollahra Local Environmental Plan 1995 and the Paddington Development Control Plan 1999.' 'Whether the length of the garage would be sufficient taking into account the requirements of AS 2819.1.']

Ratio Decidendi

Although the proposed garage doors did not comply with many requirements of the Paddington Development Control Plan 1999, the particular circumstances of Paddington Lane, including the prevalence of garage doors and a high percentage of double garage doors virtually the same width as their allotments, made strict compliance unnecessary and unreasonable; the garage length issue was resolved by minor repositioning of the rear garage wall and the heritage issue was resolved by redesign of the garage door, so the appeal should be upheld and the consent amended as agreed.

Court Disposition

Appeal upheld; development consent amended in the manner agreed between the parties.

Orders

  • ['The appeal is upheld.' 'The development consent is amended in the manner agreed between the parties.']