Cuthbert and Rowe v Woollahra Municipal Council [2004] NSWLEC 373

The amended development application is appropriate, sympathetic to the streetscape and conservation area, addresses the concerns raised, and should be allowed subject to agreed conditions.

Jurisdiction: Australia
Judgment Date: 01 June 2004
Procedural Posture: Appeal / Final Judgment
Outcome: appeal upheld
Legal Topics: ['development Application' 'alterations and Additions' 'garage Construction' 'heritage Conservation']

['planning and Environment'] ['development Application' 'alterations and Additions' 'garage Construction' 'heritage Conservation']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Final Judgment

Legal Issues

1 ['Whether the proposed alterations and additions, including construction of a new garage, are appropriate for the property at 39 Bathurst Street, Woollahra' 'Whether the development is sympathetic to the heritage conservation area' 'Whether the amended plans satisfy the concerns of council and neighbours']

Ratio Decidendi

The amended development application is appropriate, sympathetic to the streetscape and conservation area, addresses the concerns raised, and should be allowed subject to agreed conditions.

Court Disposition

appeal upheld

Orders

['The appeal in respect of the property known as 39 Bathurst Street, Woollahra, is upheld.' "Development Application DA 02/0793 is granted consent for excavation of front garden to allow construction of a new double garage and alterations and additions to existing residence to provide new first floor addition...