Woollahra Corporation Pty Ltd v Sydney City Council [2005] NSWLEC 670

Woollahra Corporation Pty Ltd v Sydney City Council [2005] NSWLEC 670

The proposed modifications, insofar as they substantially reduce soft landscaping, increase built form and outdoor dining area in the central courtyard, and alter heritage curtilage relationships, are not acceptable as they adversely affect the heritage significance of the site, contrary to the objectives and controls of relevant planning instruments. Some other aspects of the proposal are acceptable, and therefore the appeal is upheld in part, allowing only those changes consistent with the reasoning and requiring the plans to be amended accordingly.

Parties
Applicant: Woollahra Corporation Pty Ltd; Respondent: Sydney City Council
Jurisdiction
Australia
Judgment Date
24 November 2005
Procedural Posture
Appeal Against Refusal/deemed Refusal of Modification of Development Consent / Judgment on Appeal Regarding Section 96 AA Modification Application
Outcome
Appeal upheld in part; development consent modified subject to further amendments and conditions
Legal Topics
Modification of Development Consent, Heritage Conservation, Residential Amenity, Landscaping, Car Parking, Intensification of Land Use
Planning Law Environmental Law Heritage Law Modification of Development Consent Heritage Conservation Residential Amenity Landscaping Car Parking +1 more

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Parties

Woollahra Corporation Pty Ltd

Applicant

Sydney City Council

Respondent

Procedural Posture

Appeal Against Refusal/deemed Refusal of Modification of Development Consent / Judgment on Appeal Regarding Section 96 AA Modification Application

Legal Issues

  1. 1 Whether proposed modifications to development consent are acceptable under statutory instruments and planning controls
  2. 2 Impact of modifications on heritage significance and conservation area
  3. 3 Adequacy of landscaping and car parking changes

Ratio Decidendi

The proposed modifications, insofar as they substantially reduce soft landscaping, increase built form and outdoor dining area in the central courtyard, and alter heritage curtilage relationships, are not acceptable as they adversely affect the heritage significance of the site, contrary to the objectives and controls of relevant planning instruments. Some other aspects of the proposal are acceptable, and therefore the appeal is upheld in part, allowing only those changes consistent with the reasoning and requiring the plans to be amended accordingly.

Court Disposition

Appeal upheld in part; development consent modified subject to further amendments and conditions

Orders

  • The appeal is upheld in part.
  • Orders of Court granting conditional development consent for the redevelopment of St. John's Church site at 261 - 263 Oxford Street, Paddington, are amended in accordance with Annexure A.