Ezzy Architects Pty Ltd v Leichhardt Council [2014] NSWLEC 1178

Ezzy Architects Pty Ltd v Leichhardt Council [2014] NSWLEC 1178

A reasonably safe access way can be achieved by upgrading Killeen Street within the existing road reserve and the modified garage proposal is acceptable in heritage, visual, amenity and open space terms. The SEPP 1 Objection to the landscaped area control is allowed due to the quality and configuration of landscaping by use of a green roof, and the proposal satisfies the objectives of the planning controls.

Parties
Applicant: Ezzy Architects Pty Ltd; Respondent: Leichhardt Council
Jurisdiction
Australia
Judgment Date
29 August 2014
Procedural Posture
Development Appeal / Final Decision
Outcome
Appeal upheld; conditional development consent granted
Legal Topics
Development Application, Access Way, Heritage Conservation, Landscaped Area Control, SEPP 1 Objection
Planning and Environment Development Application Access Way Heritage Conservation Landscaped Area Control SEPP 1 Objection

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Parties

Ezzy Architects Pty Ltd

Applicant

Leichhardt Council

Respondent

Procedural Posture

Development Appeal / Final Decision

Legal Issues

  1. 1 Permissibility and suitability of the proposed access way via Killeen Street including traffic engineering and safety
  2. 2 Consistency with the heritage conservation area and desired future character for the Darling Street East precinct
  3. 3 Impact on neighbouring properties and open space areas

Ratio Decidendi

A reasonably safe access way can be achieved by upgrading Killeen Street within the existing road reserve and the modified garage proposal is acceptable in heritage, visual, amenity and open space terms. The SEPP 1 Objection to the landscaped area control is allowed due to the quality and configuration of landscaping by use of a green roof, and the proposal satisfies the objectives of the planning controls.

Court Disposition

Appeal upheld; conditional development consent granted

Orders

  • The appeal is upheld.
  • The SEPP 1 Objection to the landscaped area development standard in cl 19(3) of LEP 2000 is allowed.