Rowell v City of Sydney Council [2016] NSWLEC 1051

Rowell v City of Sydney Council [2016] NSWLEC 1051

Development consent was appropriate subject to the Council’s conditions as modified by deletion of condition (2) and amendment of condition (3)(g). Condition (3)(h) was confirmed because locating the security grille adjoining the solid shop door, rather than at the street frontage across the recessed entry, would provide ventilation and security while having less visual impact on the significant heritage shopfront and would be consistent with the Inventory Sheet and the relevant provisions of the Sydney Development Control Plan 2012.

Jurisdiction
Australia
Judgment Date
16 February 2016
Procedural Posture
Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 in Relation to Development Application D/2015/1378 / Hearing After No Agreement Was Reached at a Conciliation Conference Pursuant to S 34 Aa(2)(a) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and Development Application D/2015/1378 was approved subject to conditions in Annexure A, including deletion of condition (2), amendment of condition (3)(g) and annotated plan DA-09, and confirmation of condition (3)(h).
Legal Topics
['development Application' 'alterations and Additions to Existing Dwelling and Shop' 'heritage Item' 'heritage Conservation Area' 'security Grille' 'development Consent Conditions']
['planning and Environment' 'heritage'] ['development Application' 'alterations and Additions to Existing Dwelling and Shop' 'heritage Item' 'heritage Conservation Area' 'security Grille' 'development Consent Conditions']

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Procedural Posture

Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 in Relation to Development Application D/2015/1378 / Hearing After No Agreement Was Reached at a Conciliation Conference Pursuant to S 34 Aa(2)(a) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether condition (2), restricting use of the shop on the ground floor to a home occupation in conjunction with the residence, should be retained.' 'Whether condition (3)(g), concerning the extent of the new opening between the proposed living room and verandah, should be clarified or amended.' 'Whether condition (3)(h) should require the security grilles on the shopfront to be installed in front of the doors rather than across the entry to the recess at the street frontage.']

Ratio Decidendi

Development consent was appropriate subject to the Council’s conditions as modified by deletion of condition (2) and amendment of condition (3)(g). Condition (3)(h) was confirmed because locating the security grille adjoining the solid shop door, rather than at the street frontage across the recessed entry, would provide ventilation and security while having less visual impact on the significant heritage shopfront and would be consistent with the Inventory Sheet and the relevant provisions of the Sydney Development Control Plan 2012.

Court Disposition

The appeal was upheld and Development Application D/2015/1378 was approved subject to conditions in Annexure A, including deletion of condition (2), amendment of condition (3)(g) and annotated plan DA-09, and confirmation of condition (3)(h).

Orders

  • ['The appeal is upheld.' 'Development Application D/2015/1378 for alterations and additions to an existing dwelling and shop at 75-77 Lower Fort Street Dawes Point is approved subject to the conditions in Annexure A.' 'The exhibits are returned except for exhibits 1, A and C.']