Stevens v North Sydney Council [2020] NSWLEC 1614

Stevens v North Sydney Council [2020] NSWLEC 1614

The proposed double carport would introduce a dominant contemporary structure into the front setback and landscaped setting of a contributory item, partially obstruct views of its front façade, erode the relationship between the group of contributory items on the eastern side of Milson Road, and detrimentally impact the streetscape and heritage significance of the Cremorne Point Conservation Area. It was therefore inconsistent with the R2 zone objectives and contrary to cl 5.10(1)(b) of North Sydney Local Environmental Plan 2013, so consent should be refused.

Jurisdiction
Australia
Judgment Date
08 December 2020
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. 289/19 / Hearing Held After Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 Was Terminated Without Agreement
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application Refusal' 'carport in Front Setback' 'heritage Conservation Area' 'streetscape Impact' 'north Sydney Local Environmental Plan 2013' 'north Sydney Development Control Plan 2013']
['planning and Environment' 'heritage Conservation'] ['development Application Refusal' 'carport in Front Setback' 'heritage Conservation Area' 'streetscape Impact' 'north Sydney Local Environmental Plan 2013' 'north Sydney Development Control Plan 2013']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. 289/19 / Hearing Held After Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 Was Terminated Without Agreement

Legal Issues

  1. 1 ['Whether the proposed double carport over an existing hardstand would have an unacceptable adverse impact on the heritage significance and character of the Cremorne Point Conservation Area.' 'Whether the proposed double carport would have an unacceptable adverse impact on the character of the Milson Road streetscape.' 'Whether the proposal was acceptable having regard to site coverage controls and controls concerning car parking structures in the front setback.' 'Whether the siting of a double carport within the front setback was satisfactory given the contributory item and rear lane context.']

Ratio Decidendi

The proposed double carport would introduce a dominant contemporary structure into the front setback and landscaped setting of a contributory item, partially obstruct views of its front façade, erode the relationship between the group of contributory items on the eastern side of Milson Road, and detrimentally impact the streetscape and heritage significance of the Cremorne Point Conservation Area. It was therefore inconsistent with the R2 zone objectives and contrary to cl 5.10(1)(b) of North Sydney Local Environmental Plan 2013, so consent should be refused.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application No. 289/19 for a new double carport over an existing hardstand at 111-113 Milson Road, Cremorne Point, is refused.' 'The exhibits, other than exhibits 1, A and B, are returned.']