Barrett Bowyangs Pty Ltd & Anor v Leichhardt Municipal Council [1999] NSWLEC 116

Barrett Bowyangs Pty Ltd & Anor v Leichhardt Municipal Council [1999] NSWLEC 116

Given the building's characteristics, the unique constraints of adaptive reuse, and the policy objectives favoring such reuse, strict compliance with density and landscaping standards under cl 10 of LEP 20 is unnecessary and unreasonable; the development, as conditioned, reasonably adapts an industrial building for residential use without undue detriment to planning principles or neighbourhood amenity.

Jurisdiction
Australia
Judgment Date
19 May 1999
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld; consent granted subject to conditions
Legal Topics
['development Applications' 'adaptive Reuse' 'residential Zoning' 'heritage Conservation' 'sepp 1 Objections' 'landscaping Standards' 'car Parking Requirements']
['planning and Environment Law'] ['development Applications' 'adaptive Reuse' 'residential Zoning' 'heritage Conservation' 'sepp 1 Objections' 'landscaping Standards' 'car Parking Requirements']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed adaptive reuse complies with density and landscaped area standards under LEP 20' 'Whether granting a SEPP 1 objection is appropriate given the design, historical fabric, and planning objectives' 'Adequacy of car parking, private open space, solar access, ventilation, and streetscape impact']

Ratio Decidendi

Given the building's characteristics, the unique constraints of adaptive reuse, and the policy objectives favoring such reuse, strict compliance with density and landscaping standards under cl 10 of LEP 20 is unnecessary and unreasonable; the development, as conditioned, reasonably adapts an industrial building for residential use without undue detriment to planning principles or neighbourhood amenity.

Court Disposition

appeal upheld; consent granted subject to conditions

Orders

  • ['Appeal upheld.' 'Development Application No 172/98 to convert an existing two storey industrial building into eight residential units with ten car spaces at 11 - 13 Wells Street, Annandale is determined by granting consent subject to the conditions attached.' 'The exhibits, except Exhibit A, may be returned.']