Gillett v Manly Council [2006] NSWLEC 149
The requested deletion of conditions ANS01 and ANS12 was refused except for the privacy screen requirement in ANS01, on the basis that the proposed changes—particularly the 1m balcony extension and the southeast balcony—would each represent a moderate, but cumulatively significant, adverse impact on the heritage streetscape and neighbour amenity. The existing consents already represent the extent of permissible change.
- Jurisdiction
- Australia
- Judgment Date
- 28 March 2006
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal upheld in part
- Legal Topics
- ['development Application' 'heritage Impact' 'planning Consent Conditions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ['Whether consent conditions ANS01 and ANS12 relating to balconies should be deleted from development approval for alterations and additions to a heritage-listed property.']
Ratio Decidendi
The requested deletion of conditions ANS01 and ANS12 was refused except for the privacy screen requirement in ANS01, on the basis that the proposed changes—particularly the 1m balcony extension and the southeast balcony—would each represent a moderate, but cumulatively significant, adverse impact on the heritage streetscape and neighbour amenity. The existing consents already represent the extent of permissible change.
Court Disposition
Appeal upheld in part
Orders
- ['Condition ANS01 of consent DA 226/05 is amended to remove the privacy screen requirement and reduce the balcony to a maximum of 2 metres in depth.' 'Condition ANS12 of consent DA 226/05 is retained.' "Exhibit 1 is retained on the Court's files."]
Full Case Text
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