Ramsay v Leichhardt Council [No 2] [2005] NSWLEC 477

Ramsay v Leichhardt Council [No 2] [2005] NSWLEC 477

Appeal dismissed because the applicant did not intend to file amended drawings that complied with the required setback, and parties agreed to dismissal of the appeal.

Parties
Applicant: Colin James Ramsay; Respondent: Leichhardt Council
Jurisdiction
Australia
Judgment Date
01 September 2005
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Judgment
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Application, Development on Zone Boundaries
Planning and Development Law Development Application Development on Zone Boundaries

Case Brief

Summary, issues, holding and outcome

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Parties

Colin James Ramsay

Applicant

Leichhardt Council

Respondent

Procedural Posture

Appeal Against Deemed Refusal of Development Application / Judgment

Legal Issues

  1. 1 Whether the development application to add a residential floor to the existing office building at 310 Norton Street, Leichhardt should be granted

Ratio Decidendi

Appeal dismissed because the applicant did not intend to file amended drawings that complied with the required setback, and parties agreed to dismissal of the appeal.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • The appeal is dismissed.
  • Development application to add a residential floor to the existing office building on lot 31, s3, DP 1162, known as 310 Norton Street, Leichhardt is determined by refusal.