A range of recent developments has contributed variety to the vocabulary and style to the character of the area. New dwellings and alterations and additions range from minor dormer windows to ad hoc contemporary architecture.
13 The relevant desired future character objectives for streetscape are:
2.1 To reinforce the existing street categories through the appropriate dwelling facade building setback, fences and landscaping.
2.2 To encourage dwelling styles that integrate with the established front, rear and side streetscapes.
2.4 To promote fencing design which is consistent with the original style of the dwelling and character of the street, while providing for surveillance and promoting a wider ambience for pedestrians.
14 The relevant associated streetscape performance criteria are:
2.1 New development or alterations and additions to existing dwellings should be compatible and consistent with the development in the immediate vicinity and in the overall context of the street.
2.3 Building setbacks, terraces, balconies and rooflines are consistent with the defined street corridor sites to provide uniformity to a group of terraces or mirror and adjacent semi.
2.5 Low fences are desirable, especially where setbacks are close to the street. This provides surveillance to the street, provides a wider ambience for pedestrians, as well as gives a better scale to the building facade.
15 The relevant desired future character objectives for architectural style are:
4.1 To reinforce the various established architectural styles of dwellings to sensitive alterations and additions and appropriate new developments.
4.2 To emphasise balance and symmetry in alterations and additions to semi detached and attached dwellings.
4.3 To reinforce and the existing pitched roofscape as the desirable character of the area and promote consistency in roofing materials.
16 The relevant associated performance criteria for architectural style are:
4.4 New dwelling development is sympathetic to the established architectural style in the vicinity and preserves the area's village character.
4.5 Where terraces and semi detached dwellings sit in a group of identical style, consistent building setbacks, balconies, rooflines and other symmetrical elements are used to provide uniformity to the group.
4.6 Where terrace and semi detached dwellings have a small front setback, facade details and building elements, such as doors and windows, balustrade, mouldings, or tiles are sensitively integrated as a part of the streetscape character.
4.7 Flat roofs are avoided where it detracts from the established roof character of the locality. Uniform roofing materials are to be used where they are visible from the street.
17 The relevant desired future character objectives for colour schemes are:
5.1 To promote building materials and colours which are sensitively integrated to and respect the existing character of the streets.
18 The relevant associated performance criteria for colour schemes are:
5.1 Light and natural base colours are desirable as they contribute to the brighter street atmosphere particularly where dense tree foliage or canopies filter the sun access to the street.
5.2 Exposed brick or sandstone is a desirable material where the material presents and original or coherent theme to the existing building or streetscape.
5.4 Modern high-tech building materials and contemporary dark colours are to be avoided, where they are incompatible with the existing streetscape.
5.5 Contemporary colours and building materials are to be sensitively integrated and respect the existing character of the streets.
Advertising and submissions
19 The application was advertised by the council and some 20 objections were received. Several of the authors of these objections gave oral evidence whilst on site. Matters of concern expressed in those objections include:
* increased traffic congestion especially in Fitzgerald Lane;
* overshadowing, overlooking and loss of privacy;
* excessive height, bulk and scale;
* inappropriate design, character and use of materials;
* non-compliance with council's planning controls;
* inappropriate non-traditional design;
* inappropriate location of garages;
* inappropriate design in close proximity to heritage items;
* anti-social design because of the absence of front windows and the blank facade
20 Included in these objections are letters from the National Trust Australia (New South Wales) ("the National Trust") and Mr G Karavanas, a town planner of Gary Shiels & Associates Pty Ltd on behalf of the owners of Nos. 75, 77 and 79 Birrell Street. These objections are referred to in more detail later in this judgment.
Council's consideration and decision
21 Mr N England, a council town planner, prepared a detailed report that assessed the proposal and made the following observations:
The front facade of each dwelling consists of metal cladding, with no external openings with the exception of the front door and a roof curving to the north. This is quite simply a departure from the established context of the street and inconsistent with the desired future character of Queens Park.