What has happened?
In Sheridan v Randwick City Council [2025] NSWLEC 1234, the Land and Environment Court granted consent for a hardstand car space, driveway and front façade alterations to a semi-detached house in "The Spot" Heritage Conservation Area in Randwick. Randwick City Council had refused the application.
Our firm acted for the successful applicants.
Context
The applicants proposed a single car space in the front setback, formed by two wheel strips with grass between, and a new driveway crossing. Part of the front wall and verandah would be removed to make room for the car space.
The proposal also included a detailed schedule of conservation works to restore the façade. These included:
replacing aluminium windows and doors with timber joinery matching the adjoining semi;
removing paint from the face brickwork;
reinstating the original timber frieze, entry stairs and gable end; and
repairing original fabric.
The Council contended that the proposal would harm the heritage significance of the conservation area. It relied on development control plan (DCP) controls that discourage car spaces forward of the building line, prohibit altering building fabric to provide them, and require original verandahs on "contributory" buildings to be retained.
The decision
Commissioner Walsh upheld the appeal. He found that:
The building was not "contributory". It would originally have been contributory, but significant unsympathetic alterations meant it no longer made a positive contribution to the conservation area. The DCP control requiring original verandahs on contributory buildings to be retained therefore did not apply.
The development must be assessed as a whole. Under cl 5.10(4) of the Randwick Local Environmental Plan 2012, the question is the effect of the whole development on the heritage significance of the area. The conservation works significantly offset the visual impact of the car space and the changes to the façade and verandah.
DCP controls are applied flexibly. Although the proposal did not comply with some DCP controls, the Act requires DCP provisions to be applied flexibly and allows reasonable alternative solutions that achieve their objectives.
Context matters. Similar front parking arrangements existed nearby, including on neighbouring properties in the same street.
The Court also considered the loss of an on-street parking space but was satisfied, on the evidence, that the Council did not treat this as a strategic concern.
How will this affect you?
Front car spaces in heritage conservation areas are not ruled out. A well-designed proposal that includes genuine heritage restoration works can be approved.
Whether a building is "contributory" is a question of fact, assessed on its current condition, not just its original form.
Quality expert heritage evidence and a detailed, enforceable schedule of conservation works can make the difference.
Further information
For further information please contact Darren Bick, Director, on +61 416 167 556 or darren.bick@bicksteele.com.au.