Essicorp v Leichhardt Council [2005] NSWLEC 485

Essicorp v Leichhardt Council [2005] NSWLEC 485

The variation to the FSR was justified because the site was between bulky commercial buildings, the additional floor space did not affect the Evans Street appearance, and the proposal was consistent with the LEP housing objective and the DCP desired future character. Nil side setbacks were acceptable. Lowering the building by 300mm was an acceptable compromise, while the proposed swimming pools were inappropriate and unacceptable due to their proximity to Goodsir Street properties. After amended drawings lowered the floor level and deleted the pools, and amended stormwater plans attracted no council objection, the appeal was upheld and consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
06 September 2005
Procedural Posture
Development Application Appeal / Appeal Against Deemed Refusal by Leichhardt Council; Judgment Granting Development Consent Subject to Conditions
Outcome
Appeal upheld; development application determined by granting consent subject to conditions in Annexure A.
Legal Topics
['development Consent' 'development Standards' 'floor Space Ratio' 'development Control Plan' 'sepp 1 Objection' 'residential Development' 'strata Subdivision']
['planning and Environment Law'] ['development Consent' 'development Standards' 'floor Space Ratio' 'development Control Plan' 'sepp 1 Objection' 'residential Development' 'strata Subdivision']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Appeal / Appeal Against Deemed Refusal by Leichhardt Council; Judgment Granting Development Consent Subject to Conditions

Legal Issues

  1. 1 ['Whether the proposed floor space ratio exceeding the 0.7:1 maximum was justified' 'Whether the proposed building envelope, rear height and side setbacks were acceptable' 'Whether the proposed excavation, privacy impacts, built form, elevations and materials were acceptable' 'Whether the proposed swimming pools would cause unacceptable impacts on neighbouring properties' 'Whether consent should be granted subject to amended drawings and conditions']

Ratio Decidendi

The variation to the FSR was justified because the site was between bulky commercial buildings, the additional floor space did not affect the Evans Street appearance, and the proposal was consistent with the LEP housing objective and the DCP desired future character. Nil side setbacks were acceptable. Lowering the building by 300mm was an acceptable compromise, while the proposed swimming pools were inappropriate and unacceptable due to their proximity to Goodsir Street properties. After amended drawings lowered the floor level and deleted the pools, and amended stormwater plans attracted no council objection, the appeal was upheld and consent granted subject to conditions.

Court Disposition

Appeal upheld; development application determined by granting consent subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development application to demolish the existing building, to erect two semi-detached dwellings and two subdivide the property under Strata title into two lots on lot 48 DP 66910, known as 48 Evans Street, Rozelle is determined by the granting of consent subject to the conditions in...