AK6 Pty Limited v Leichhardt City Council [2009] NSWLEC 1427

AK6 Pty Limited v Leichhardt City Council [2009] NSWLEC 1427

The Court upheld the appeals and granted development consent by consent because the council officer's reports supported the assessment that car parking would not significantly affect the streetscape, no heritage aspects arose, the additional crossovers would result in a net increase of one car parking space and reduced demand for on-street parking from occupants, the carports and pergolas were omitted, objectors did not wish to be heard, the concerns were answered, and there was no statutory impediment after the s 79C assessment.

Jurisdiction
Australia
Judgment Date
11 December 2009
Procedural Posture
Development Application Appeals / Ex Tempore Judgment by Consent After Unsuccessful S 34 Conciliation Conference
Outcome
Appeals upheld; development consents granted subject to conditions.
Legal Topics
['development Consent' 'off Street Parking' 'on Street Car Parking' 'visual Impact' 'streetscape' 'section 79 C Assessment' 'consent Orders']
['planning and Environment Law'] ['development Consent' 'off Street Parking' 'on Street Car Parking' 'visual Impact' 'streetscape' 'section 79 C Assessment' 'consent Orders']

Case Brief

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Procedural Posture

Development Application Appeals / Ex Tempore Judgment by Consent After Unsuccessful S 34 Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for off-street parking at proposed Lots 101, 102 and 103 at 7 Alexander Street, Balmain.' 'Whether concerns about loss of on-street car parking and visual impact remained after the applicant decided not to press consent for pergolas and carports.' 'Whether the relevant s 79C assessment had been carried out and whether any statutory impediment prevented granting consent.']

Ratio Decidendi

The Court upheld the appeals and granted development consent by consent because the council officer's reports supported the assessment that car parking would not significantly affect the streetscape, no heritage aspects arose, the additional crossovers would result in a net increase of one car parking space and reduced demand for on-street parking from occupants, the carports and pergolas were omitted, objectors did not wish to be heard, the concerns were answered, and there was no statutory impediment after the s 79C assessment.

Court Disposition

Appeals upheld; development consents granted subject to conditions.

Orders

  • ['For No. 10650 of 2009, the appeal is upheld.' 'For No. 10650 of 2009, development consent is granted to development application D/2009/20 for off street parking at proposed Lot 101 in part Lots 1 and 2, DP 772288 and Lots 1 and 2 in DP 112877, 7 Alexander Street, Balmain subject to conditions in Annexure A.' 'For...