Savage Property Enterprises v Orange City Council [2008] NSWLEC 1336

Savage Property Enterprises v Orange City Council [2008] NSWLEC 1336

The proposal as it stood at the commencement of the hearing would have had an adverse impact on the existing building and the Conservation Area due to its height, bulk and scale. The agreed amendments substantially addressed those concerns, but further setbacks to the Hill Street facade and south east corner were required to maintain the prominence of the existing art deco building, provide an appropriate transition to nearby single storey residential-form development, and ensure an acceptable impact on the Conservation Area. With those amendments incorporated, the development application was capable of approval and was approved subject to conditions.

Jurisdiction
Australia
Judgment Date
22 August 2008
Procedural Posture
Appeal Against Refusal of a Development Application Under the Environmental Planning and Assessment Act 1979 / Ex Tempore Judgment Following Hearing; Final Orders Made
Outcome
Appeal upheld; development application approved subject to conditions in Annexure 'A'.
Legal Topics
['development Application' 'demolition and Commercial Development' 'central Orange Conservation Area' 'height, Bulk and Scale' 'residential Amenity' 'basement Car Parking']
['environmental Planning and Assessment' 'land and Environment' 'heritage Conservation'] ['development Application' 'demolition and Commercial Development' 'central Orange Conservation Area' 'height, Bulk and Scale' 'residential Amenity' 'basement Car Parking']

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Procedural Posture

Appeal Against Refusal of a Development Application Under the Environmental Planning and Assessment Act 1979 / Ex Tempore Judgment Following Hearing; Final Orders Made

Legal Issues

  1. 1 ['Whether the height, bulk and scale of the proposal would adversely affect the existing building at 68 Summer Street and the conservation area.' 'Whether amendments reducing height, removing the sawtooth roof and increasing setbacks would produce an acceptable impact on the significance of the Conservation Area.' 'Whether further setbacks were required to address heritage, streetscape and residential amenity impacts.']

Ratio Decidendi

The proposal as it stood at the commencement of the hearing would have had an adverse impact on the existing building and the Conservation Area due to its height, bulk and scale. The agreed amendments substantially addressed those concerns, but further setbacks to the Hill Street facade and south east corner were required to maintain the prominence of the existing art deco building, provide an appropriate transition to nearby single storey residential-form development, and ensure an acceptable impact on the Conservation Area. With those amendments incorporated, the development application was capable of approval and was approved subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure 'A'.

Orders

  • ['The appeal is upheld.' "The development application (401/2007) to demolish 65 Hill Street, 66 Summer Street and part demolition and alterations and addition to 68 Summer Street and the construction of a new commercial building with basement parking for 57 cars is approved subject to the conditions in Annexure...