Casey v Woollahra Municipal Council [2021] NSWLEC 1719

Casey v Woollahra Municipal Council [2021] NSWLEC 1719

The modification application, as amended by the Applicant's proposed conditions, warranted consent because the modified development was substantially the same as the approved development, a gutter was warranted, the proposed cut-back gutter and terrace paving were sympathetic and acceptable alterations to a heritage item of low significance for architectural detailing, the kitchen terrace would remain a light well, the paving matched original internal floor material and appeared reversible, and the works would not detract from interpretation or appreciation of the heritage item or the Paddington Heritage Conservation Area under cl 5.10 of the Woollahra Local Environmental Plan 2014.

Jurisdiction
Australia
Judgment Date
24 November 2021
Procedural Posture
Class 1 Appeal Against Refusal of a Modification Application Under S 8.9 of the Environmental Planning and Assessment Act 1979 / Final Hearing Following Termination of Mandatory Conciliation Conference; Principal Judgment and Orders
Outcome
Appeal upheld; development consents modified.
Legal Topics
['modification Application' 'heritage Significance' 'heritage Conservation Area' 'conditions of Consent' 'effect of Proposed Development on Heritage Significance']
['planning and Environment' 'heritage Conservation' 'development Consent Modification'] ['modification Application' 'heritage Significance' 'heritage Conservation Area' 'conditions of Consent' 'effect of Proposed Development on Heritage Significance']

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Procedural Posture

Class 1 Appeal Against Refusal of a Modification Application Under S 8.9 of the Environmental Planning and Assessment Act 1979 / Final Hearing Following Termination of Mandatory Conciliation Conference; Principal Judgment and Orders

Legal Issues

  1. 1 ['Whether the Court should grant consent to modify Development Consent No. DA410/2019 under s 4.55(2) of the Environmental Planning and Assessment Act 1979.' 'Whether the proposed gutter over the sliding doors, as amended by cutting it back, would be sympathetic to the heritage significance of the heritage item and Paddington Heritage Conservation Area.' 'Whether removal of the original pebble bed and replacement with brick paving on the kitchen terrace would unacceptably affect the heritage significance of the site.' 'Whether additional consent conditions should require works including cutting back the gutter and installing a compliant balustrade or barrier.']

Ratio Decidendi

The modification application, as amended by the Applicant's proposed conditions, warranted consent because the modified development was substantially the same as the approved development, a gutter was warranted, the proposed cut-back gutter and terrace paving were sympathetic and acceptable alterations to a heritage item of low significance for architectural detailing, the kitchen terrace would remain a light well, the paving matched original internal floor material and appeared reversible, and the works would not detract from interpretation or appreciation of the heritage item or the Paddington Heritage Conservation Area under cl 5.10 of the Woollahra Local Environmental Plan 2014.

Court Disposition

Appeal upheld; development consents modified.

Orders

  • ['The appeal is upheld.' 'Development Consent No. DA410/2019 is modified in the terms in Annexure A.' 'Development Consent No. DA410/2019 as modified by the Court is Annexure B.' 'Development Consent No. DA107/2020 as modified by the Court pursuant to s 4.17(1)(b) of the Environmental Planning & Assessment Act 1979...