Zic Zac Pty Ltd v Sydney City Council [2006] NSWLEC 302

Zic Zac Pty Ltd v Sydney City Council [2006] NSWLEC 302

The proposal, by reason of its inadequate setbacks and visual dominance, would detract from the heritage significance of the Paramount Building and the special area, and would not conserve and reinforce the character of the area as required by the applicable planning objectives. Therefore, consent must be refused.

Parties
Applicant: Zic Zac Pty Ltd; Respondent: Sydney City Council
Jurisdiction
Australia
Judgment Date
06 June 2006
Procedural Posture
Development Application Appeal / Judgment
Outcome
Appeal dismissed; Development Application refused.
Legal Topics
Development Application, Heritage Building, Building Height, Setbacks, Additions to Heritage Property
Planning and Environment Heritage Development Application Heritage Building Building Height Setbacks Additions to Heritage Property

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Parties

Zic Zac Pty Ltd

Applicant

Sydney City Council

Respondent

Procedural Posture

Development Application Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed rooftop extension would overwhelm the heritage building and negatively impact its significance and the special area character

Ratio Decidendi

The proposal, by reason of its inadequate setbacks and visual dominance, would detract from the heritage significance of the Paramount Building and the special area, and would not conserve and reinforce the character of the area as required by the applicable planning objectives. Therefore, consent must be refused.

Court Disposition

Appeal dismissed; Development Application refused.

Orders

  • The appeal is dismissed.
  • Development Application No. D/2005/531 is determined by the refusal of consent.