Quincy Pty Ltd v Woollahra Municipal Council [2009] NSWLEC 1188

Quincy Pty Ltd v Woollahra Municipal Council [2009] NSWLEC 1188

Subject to the changes shown in Exhibit A, the proposed modification will have an acceptable impact on the heritage significance of the item and conservation area. The requirements under the Woollahra Local Environmental Plan 1995 and Woollahra DCP are met, and the modification can be approved.

Parties
Applicant: Quincy Pty Ltd; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
24 April 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; Application to modify consent approved
Legal Topics
Section 96 Modification, Impact on Heritage Item and Conservation Area
Planning Law Heritage Law Section 96 Modification Impact on Heritage Item and Conservation Area

Case Brief

Summary, issues, holding and outcome

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Parties

Quincy Pty Ltd

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed modification under section 96 meets the requirements for alterations to a heritage item within a conservation area
  2. 2 Whether the impact of a new window in the enlarged opening is acceptable against relevant planning controls

Ratio Decidendi

Subject to the changes shown in Exhibit A, the proposed modification will have an acceptable impact on the heritage significance of the item and conservation area. The requirements under the Woollahra Local Environmental Plan 1995 and Woollahra DCP are met, and the modification can be approved.

Court Disposition

Appeal upheld; Application to modify consent approved

Orders

  • The appeal is upheld.
  • The section 96 application to modify DA/836/2007/1 for 76 Queen Street Woollahra is approved as set out in Annexure A.