Truland Development Pty Ltd v Georges River Council [2020] NSWLEC 1496

Truland Development Pty Ltd v Georges River Council [2020] NSWLEC 1496

The application was refused as the proposed development had a detrimental impact on the significance of the heritage item, McWilliam House, particularly due to excessive bulk, insufficient separation, and reduced curtilage, overwhelming the heritage item and failing to maintain an appropriate setting, thus outweighing any positive benefits. The Court found that the heritage impact was unacceptable and warranted refusal under s 4.15(1) of the Environmental Planning and Assessment Act 1979.

Parties
Applicant: Truland Development Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
20 October 2020
Procedural Posture
Development Application Appeal / Principal Judgment
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Application, Heritage Conservation, Height Variation, Residential Flat Building, Environmental Planning and Assessment Act, Local Environmental Plan, Design Quality, Apartment Design Guide
Planning and Environment Law Development Application Heritage Conservation Height Variation Residential Flat Building Environmental Planning and Assessment Act Local Environmental Plan Design Quality +1 more

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Parties

Truland Development Pty Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Development Application Appeal / Principal Judgment

Legal Issues

  1. 1 Whether the proposed development should be granted consent given the heritage impact
  2. 2 Whether the variation to height standard under cl 4.6 LEP 2012 is justified
  3. 3 Whether the development adversely impacts the heritage item and its setting

Ratio Decidendi

The application was refused as the proposed development had a detrimental impact on the significance of the heritage item, McWilliam House, particularly due to excessive bulk, insufficient separation, and reduced curtilage, overwhelming the heritage item and failing to maintain an appropriate setting, thus outweighing any positive benefits. The Court found that the heritage impact was unacceptable and warranted refusal under s 4.15(1) of the Environmental Planning and Assessment Act 1979.

Court Disposition

Appeal dismissed; development application refused

Orders

  • Applicant is granted leave to rely on amended architectural plans as contained in Exhibit T
  • Applicant to pay Respondent's costs thrown away as a consequence of the amendments pursuant to section 8.15(3) of the Environmental Planning & Assessment Act 1979 as agreed or assessed