Damelian Automobile Limited v Leichhardt Municipal Council [2007] NSWLEC 235

Damelian Automobile Limited v Leichhardt Municipal Council [2007] NSWLEC 235

Approval of the development is appropriate only if amendments (removal of parapet, parapet setback, deletion of Parramatta Road vehicle access, splayed corner, amended plans) are provided in accordance with the Court's judgment, as these ensure minimisation of adverse impacts on amenity, bulk, height and scale, interface between zones, and satisfy the objectives of the instruments and SEPP 1 objection.

Parties
Applicant: Damelian Automobile Limited; Respondent: Leichhardt Municipal Council
Jurisdiction
Australia
Judgment Date
30 March 2007
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment
Outcome
appeal upheld, development application conditionally approved subject to deferred commencement and Court directions
Legal Topics
Development Application, Heritage Conservation, Residential Amenity, Noise, Traffic, Lighting, Height, Bulk and Scale, Privacy, Urban Design, Floor Space Ratio, Zoning, Interface Between Industrial/commercial and Residential
Planning and Environmental Law Development Application Heritage Conservation Residential Amenity Noise Traffic Lighting Height +6 more

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Parties

Damelian Automobile Limited

Applicant

Leichhardt Municipal Council

Respondent

Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment

Legal Issues

  1. 1 whether the proposed development adversely impacts heritage/conservation area
  2. 2 acceptable noise, traffic, lighting, and privacy impacts
  3. 3 whether the bulk, height and scale are excessive

Ratio Decidendi

Approval of the development is appropriate only if amendments (removal of parapet, parapet setback, deletion of Parramatta Road vehicle access, splayed corner, amended plans) are provided in accordance with the Court's judgment, as these ensure minimisation of adverse impacts on amenity, bulk, height and scale, interface between zones, and satisfy the objectives of the instruments and SEPP 1 objection.

Court Disposition

appeal upheld, development application conditionally approved subject to deferred commencement and Court directions

Orders

  • The appeal in respect of the properties known as 573-577 and 565-571, alterations and additions, be upheld.
  • The development application submitted to Leichhardt Council and as amended for demolition of the existing buildings on the site known as 573-577 and the erection of a new car showroom and the alterations and additions to the parapet for 565-571 Parramatta Road is approved subject to the deferred commence conditions...