Planning Framework
10The site is zoned 2(a) pursuant to Woollahra Local Environment Plan 1995 (LEP 1995) and the proposal is permissible with consent. The relevant aims and objectives of LEP 1995, at cl 2(1)(g), is to conserve the environmental heritage of Woollahra. In relation to traffic and transport, the relevant aims and objectives, at cl 2(2)(d)(i) and (iv) are to encourage the development of a balanced transport system, including the provision of safe and convenient facilities and to improve the provision of car parking and reduce conflict between resident and visitor demands for car parking spaces in residential areas.
11The relevant aims and objectives of LEP 1995 in relation to heritage conservation, at cl 2(2)(g)(ii) and (iii) are to ensure that new development is undertaken in a manner sympathetic to and not detracting from the heritage significance of heritage conservation areas and to encourage the restoration and reconstruction of buildings that contribute to character of heritage conservation areas.
12The relevant objective of the 2(a) zone, at cl 3(a) of LEP 1995, is to maintain the amenity and existing characteristics of areas predominantly characterised by dwelling-houses.
13The Court, standing in the shoes of the Council, must be of the opinion that the proposal is consistent with the objectives of the plan and zone objectives of LEP 1995 in order to grant consent, at cl 8(5) of LEP 1995 and must take into consideration the extent to which the proposal would affect the heritage significance of the heritage conservation area, at cl 28(2) of LEP 1995.
14The site is identified as a 'Victorian house' which is contributory to the Woollahra Heritage Conservation Area (Woollahra HCA) at Part 5, Schedule of significant items, Woollahra Heritage Conservation Area Development Control Plan 2003 (DCP 2003).
15The relevant objectives of DCP 2003, at cl 1.6(b) and (d), are to conserve the heritage significance of Woollahra HCA and to provide controls to protect the identified heritage values and significant character of Woollahra HCA and to encourage contemporary design that responds appropriately to that character. Contemporary design for additions to significant items is encouraged, at cl 2.5 of DCP 2003.
16The site is located within the West Woollahra precinct, which is described at cl 2.1 of DCP 2003 as being characterised by small lots and a variety of generally small-scale cottage and terrace houses.
17The desired future character of Woollahra HCA, at cl 2.3 of DCP 2003 includes to retain the distinctive building types characteristic of the area and its precincts.
18Part 3 of DCP 2003 includes an explanation which states that it is not just change to the street front elevations of significant buildings that is important, but alterations and addition at the rear of properties are also often visible from the public domain and can alter their proportion, scale and cohesion of a group of buildings.
19The significant characteristics of West Woollahra precinct, at cl 3.1.2 of DCP 2003, include individual single storey houses, front fences and their bases and garages and carports being located in rear lanes rather than along street frontage, as the few garages facing the primary street are generally intrusive. The controls for the West Woollahra precinct include, at C1, that two storey additions to single storey buildings with a steeply pitched roof may occur at the rear, provided the addition is separated from the principal form by a light weight single-storey link and that the addition is designed to respect and enable interpretation of the form of the original dwelling.
20Clause 3.2 includes the following explanation:
Significant items are those features that contribute to and exemplify the heritage significance of the HCA and are identified as heritage items at contributory items... When a property has been identified as a significant item, the listing includes all original fences, landscaping, trees, gardens and outbuildings as well as any building. This plan therefore includes objectives and controls that apply to these important elements of the buildings' settings.
21The relevant objective for the conservation of significant items, at cl 3.2.1 O1 is to ensure those significant items, outbuildings and their curtilages and settings are retained.
22The objectives for alterations and additions to significant items, at cl 3.2.3 of DCP 2003, include at O1 and O2, to retain the original built form and to ensure that additions are consistent with the style, form, massing, details, materials and finishes of the item. The controls include at C1 that sympathetic contemporary design may be permitted to replace fabric which is intrusive or of low significance and if it is consistent with the character of the site and streetscape and at C7 that the bulk, height and scale of additions must not compromise or dominate the principal building form.
23The objectives and controls for single storey houses at cl 3.3.1 of DCP 2003 include at O1 to preserve the single storey presentation to the street; at C1 that upper floor additions to the principal building form will only be permitted where they are contained within the roof form, or with the addition of rear dormers; at C2 that rear additions should not dominate the principal building form; at C3 that the linking structure should be below the eaves line; and at C5 that double-storey additions at the rear are not to be visually disruptive.
24The explanation at cl 3.4.3, building location and built form, states that it is acceptable for additions, which are not visible from the street, to be designed in a contemporary style.
25The objectives for parking at cl 3.4.9 of DCP 2003 include at O2 to ensure that residential buildings, rather than vehicle access, remain the dominant elements in the streetscape and at O5 to allow safe and convenient vehicle access and to minimise vehicle and pedestrian conflict.
26The controls for parking at cl 3.4.9 of DCP 2003 include at C1 that the provision of on-site parking may not be required by Council or permitted where it would have a detrimental impact on the character of a streetscape; at C2 that all parking is to be provided behind the front building alignment and at C3 that no additional vehicle crossovers will be permitted off street frontages.
27The relevant aim of the Parking Development Control Plan 2011 (DCP 2011), at cl 1.4, is to provide car parking and vehicle servicing requirements for development in the municipality. In considering a development application, at cl 1.8, Council will take into account, among other things, the characteristics of the streetscape and the site, particularly the subdivision pattern, topography, street design and width, street tree planting and street parking. The parking provision, at cl 2.2, must be consistent with the precinct's desired future character objectives for the location of parking and at cl 2.2.3, all car parking structures are to be provided behind the building line and limited to a width of no greater than 40% of the site frontage width (where the frontage less than 20m).