It is a well-known fact of life that it is extremely difficult to obtain approval to change the external fabric of a heritage building in Sydney. That fact was graphically illustrated by a decision of the Land and Environment Court, Pascoe v Council of the City of Sydney and Phillips v Council of the City of Sydney (2012) NSWLEC 1034 that was handed down on by Commissioner Morris on 14 February 2012:
The development applications at issue in these appeals involved proposals to add extensions to the rear roofs of two terraces at the end of a row of thirteen Victorian terrace houses located on Palmer Street in Darlinghurst. The terrace row, known as the "Baker's Dozen" is listed as a heritage item under the South Sydney Local Environmental Plan and are also located within the area designated as the East Sydney and Darlinghurst Conservation Area. The rear roof scape of the houses in the row were substantially intact, with significant architectural features such as chcimneys located on the party walls remaining visible from the public domain.
The applications sought to include bedrooms in the attic spaces of the houses, as well as staircases leading from the existing first floor levels.
Commissioner Morris determined that the proposed roof extensions would be unacceptable, because they would dominate the rear roof plane and would obscure views of the chimneys. The Commissioner thus concluded that the proposed alterations would have a detrimental impact on the heritage significance of the Baker's Row, and that on that basis that the applications should be refused consent.
The outcome of this case again demonstrates that any proposal to alter the appearance of a heritage item will have very limited prospects of success before the Land and Environment Court, and that property owners and their consultants should have full appreciation of the risks before proceeding with an appeal.
