Conventus Pty Limited v Leichhardt MC [2005] NSWLEC 127

Conventus Pty Limited v Leichhardt MC [2005] NSWLEC 127

The proposed development, while generally consistent with conservation and housing objectives in terms of density, landscaped areas, and streetscape compatibility, is refused because the bulk and scale of the rear aspects of the dwellings are excessive and would adversely impact the amenity of neighbouring property to an unacceptable extent.

Parties
Applicant: Conventus Pty Limited; Respondent: Leichhardt Municipal Council
Jurisdiction
Australia
Judgment Date
01 April 2005
Procedural Posture
Development Application Appeal / Judgment
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Application, Bulk and Scale, Conservation Area, Overshadowing, Loss of Privacy, Car Parking
Planning and Environment Development Application Bulk and Scale Conservation Area Overshadowing Loss of Privacy Car Parking

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Parties

Conventus Pty Limited

Applicant

Leichhardt Municipal Council

Respondent

Procedural Posture

Development Application Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed alterations, additions, and new dwelling comply with the Leichhardt Local Environmental Plan 2000 and Development Control Plan 2000
  2. 2 Whether the bulk, scale, setbacks, and siting of the development are appropriate in the conservation area context
  3. 3 Impact on neighbours' amenity, including overshadowing, privacy, and streetscape

Ratio Decidendi

The proposed development, while generally consistent with conservation and housing objectives in terms of density, landscaped areas, and streetscape compatibility, is refused because the bulk and scale of the rear aspects of the dwellings are excessive and would adversely impact the amenity of neighbouring property to an unacceptable extent.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • Development Application No D/2004/447 is determined by the refusal of development consent.