Arkos Pty Ltd -v- Leichhardt Council [2004] NSWLEC 442

Arkos Pty Ltd -v- Leichhardt Council [2004] NSWLEC 442

The amended proposal merited conditional consent because the agreed amendments addressed the key built form concerns, the floor space increase was relatively minor, the objectives of the development standards were reasonably well achieved, the SEPP 1 objection to cl 19(2) was well founded, and the remaining amenity, privacy, view, parking and streetscape objections did not justify refusal or further substantial modification.

Jurisdiction
Australia
Judgment Date
09 August 2004
Procedural Posture
Development Application Appeal / Consent Orders
Outcome
Appeal allowed; development consent granted subject to conditions; SEPP 1 objection allowed; no order as to costs.
Legal Topics
['alterations and Additions to Existing Dwelling' 'construction of Two New Two Storey Attached Dwellings and Carports' 'torrens Title Subdivision' 'strata Subdivision' 'floor Space Ratio' 'setback' 'built Form' 'residential Amenity' 'sepp 1 Objection']
['planning and Environment' 'development Consent' 'subdivision'] ['alterations and Additions to Existing Dwelling' 'construction of Two New Two Storey Attached Dwellings and Carports' 'torrens Title Subdivision' 'strata Subdivision' 'floor Space Ratio' 'setback' 'built Form' 'residential Amenity' 'sepp 1 Objection']

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Procedural Posture

Development Application Appeal / Consent Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for alterations and additions to an existing dwelling, two new two storey attached dwellings, carports, Torrens Title subdivision and Strata subdivision at 37 Mary Street Lilyfield.' 'Whether the SEPP 1 objection to the floor space ratio development standard in cl 19(2) of Leichhardt Local Environmental Plan 2000 was well founded.' 'Whether the amended built form, setbacks, roof form, landscape area and street elevation were acceptable.' 'Whether objections concerning overdevelopment, parking, privacy, views and aural impacts warranted refusal or further modification.']

Ratio Decidendi

The amended proposal merited conditional consent because the agreed amendments addressed the key built form concerns, the floor space increase was relatively minor, the objectives of the development standards were reasonably well achieved, the SEPP 1 objection to cl 19(2) was well founded, and the remaining amenity, privacy, view, parking and streetscape objections did not justify refusal or further substantial modification.

Court Disposition

Appeal allowed; development consent granted subject to conditions; SEPP 1 objection allowed; no order as to costs.

Orders

  • ['The appeal is allowed.' 'Development consent be granted for alterations and additions to an existing dwelling and the construction of two new two storey attached dwellings with carports to Chapel Street, Torrens Title subdivision of the site into two allotments with the existing dwelling occupying one allotment...