Clare v Ku-ring-gai Council [2005] NSWLEC 484

Clare v Ku-ring-gai Council [2005] NSWLEC 484

The primary significance of the heritage item is its presentation to Illoura Avenue and the Stuart Street corner, which will not be adversely affected by the proposed subdivision; a new dwelling on the new lot can be appropriately managed to avoid adverse impact. The subdivision proposal complies with statutory controls, and the section 94 contribution is properly imposed at the subdivision stage.

Parties
Applicant: Robert and Sue Clare; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
05 August 2005
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
Subdivision, Heritage Significance, Torrens Title, Development Application, Section 94 Contribution
Planning and Environment Law Subdivision Heritage Significance Torrens Title Development Application Section 94 Contribution

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Parties

Robert and Sue Clare

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether proposed Torrens Title subdivision adversely impacts heritage significance of listed item
  2. 2 Whether proposed lots comply with statutory standards
  3. 3 Appropriate timing for Section 94 contribution

Ratio Decidendi

The primary significance of the heritage item is its presentation to Illoura Avenue and the Stuart Street corner, which will not be adversely affected by the proposed subdivision; a new dwelling on the new lot can be appropriately managed to avoid adverse impact. The subdivision proposal complies with statutory controls, and the section 94 contribution is properly imposed at the subdivision stage.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application for Torrens Title subdivision of 7-9 Stuart Street, Wahroonga, into two allotments is approved, subject to the conditions in Annexure 'A'.