Glasson v Woollahra Municipal Council [2006] NSWLEC 300

Glasson v Woollahra Municipal Council [2006] NSWLEC 300

The appeal was dismissed as the Court was not satisfied that altering the conditions as sought would be consistent with the objectives and guidelines of the Paddington Development Control Plan and Local Environmental Plan regarding heritage conservation and sympathetic design of alterations.

Parties
Applicant: Robert Dudley Glasson; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
23 May 2006
Procedural Posture
Appeal / Ex Tempore Judgment on Appeal Under S 97 of the Environmental Planning and Assessment Act
Outcome
Appeal against conditions dismissed. Development application approved subject to conditions.
Legal Topics
Development Application Conditions, Alterations and Additions, Heritage Impact, Parapet Height, Paddington Conservation Area
Planning Law Heritage Conservation Development Application Conditions Alterations and Additions Heritage Impact Parapet Height Paddington Conservation Area

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Parties

Robert Dudley Glasson

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Appeal / Ex Tempore Judgment on Appeal Under S 97 of the Environmental Planning and Assessment Act

Legal Issues

  1. 1 Whether the conditions imposed by the Council regarding parapet and roof alterations comply with the Paddington Development Control Plan and heritage conservation requirements
  2. 2 Whether the proposed alterations are sympathetic to the heritage context of the area

Ratio Decidendi

The appeal was dismissed as the Court was not satisfied that altering the conditions as sought would be consistent with the objectives and guidelines of the Paddington Development Control Plan and Local Environmental Plan regarding heritage conservation and sympathetic design of alterations.

Court Disposition

Appeal against conditions dismissed. Development application approved subject to conditions.

Orders

  • The appeal against the conditions of consent for the property known as No. 43 Dillon Street, Paddington, is dismissed.
  • The development application for alterations and additions to the above dwelling is approved subject to the conditions contained in Annexure 'A'.