Lay v Inner West Council [2020] NSWLEC 1178

Lay v Inner West Council [2020] NSWLEC 1178

The proposal fails the test of compatibility with the desired future character of the area because the third storey addition interrupts the dominance of the two-storey parapet, and the bulk and height of the proposal do not respect the historic two-storey scale required by the relevant planning controls. Hence, the appeal must be dismissed and development consent refused.

Jurisdiction
Australia
Judgment Date
16 April 2020
Procedural Posture
Appeal (class 1) / Final Judgment/order
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application Appeal' 'heritage Conservation' 'local Environmental Plan' 'development Control Plan' 'desired Future Character' 'bulk, Form, And Scale Compatibility']
['planning and Environment Law'] ['development Application Appeal' 'heritage Conservation' 'local Environmental Plan' 'development Control Plan' 'desired Future Character' 'bulk, Form, and Scale Compatibility']

Case Brief

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Procedural Posture

Appeal (class 1) / Final Judgment/order

Legal Issues

  1. 1 ['Whether the proposed development is compatible with the desired future character of a heritage conservation area in relation to its bulk, form and scale under the Leichhardt Local Environmental Plan 2013.']

Ratio Decidendi

The proposal fails the test of compatibility with the desired future character of the area because the third storey addition interrupts the dominance of the two-storey parapet, and the bulk and height of the proposal do not respect the historic two-storey scale required by the relevant planning controls. Hence, the appeal must be dismissed and development consent refused.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application DA/2018/515 for alterations and additions to an existing two storey mixed use building including renovation of first floor building and a new second floor including a lift at Lot 5 DP 431011 known as 49 Darling Street, Balmain East is determined by refusal.' 'The...