Cracknell & Lonergan Architects Pty Ltd v Leichhardt Council [2006] NSWLEC 328

Cracknell & Lonergan Architects Pty Ltd v Leichhardt Council [2006] NSWLEC 328

The proposal satisfies all requirements of cl 19(5) of the Leichhardt LEP 2000, including substantial retention of the building, containment of increased floor space within the existing envelope, meeting ESD objectives, provision of adequate amenity, integration with streetscape, provision of private outdoor recreation space, and sufficient carparking, thus permitting approval without applying FSR and minimum landscaped area requirements.

Jurisdiction
Australia
Judgment Date
06 June 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
['development Application' 'ecologically Sustainable Development' 'building Conversion' 'residential Zoning']
['planning and Environment Law'] ['development Application' 'ecologically Sustainable Development' 'building Conversion' 'residential Zoning']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposal satisfies the requirements of cl 19(5) of the Leichhardt Local Environmental Plan 2000' 'Whether the proposed driveway is acceptable' 'Whether the proposed development has unacceptable internal amenity impacts' 'Whether the proposed development creates unacceptable amenity impacts on adjoining properties']

Ratio Decidendi

The proposal satisfies all requirements of cl 19(5) of the Leichhardt LEP 2000, including substantial retention of the building, containment of increased floor space within the existing envelope, meeting ESD objectives, provision of adequate amenity, integration with streetscape, provision of private outdoor recreation space, and sufficient carparking, thus permitting approval without applying FSR and minimum landscaped area requirements.

Court Disposition

appeal upheld

Orders

  • ['The appeal is upheld.' 'Development Application D/2005/427 for the re-use of an existing non-residential building for residential purposes at 26 Lords Road, Leichhardt is approved subject to conditions in Annexure A.' 'The exhibits are returned with the exception of Exhibits 1, 2, A and B.']