Gavin and Deborah McConnell Leichhardt Council [2006] NSWLEC 25

Gavin and Deborah McConnell Leichhardt Council [2006] NSWLEC 25

The SEPP 1 objection was not well founded because the existing dwelling already exceeded the 0.5:1 FSR standard and the proposed 0.96:1 FSR would be almost double the permitted density, would not be complementary or compatible with the surrounding row and desired future character, and would exceed relevant envelope controls. Compliance with the development standard was not unreasonable or unnecessary, and the proposal also had unacceptable impacts in bulk, scale, siting and streetscape.

Jurisdiction
Australia
Judgment Date
20 January 2006
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Judgment
Outcome
Appeal dismissed and development consent refused
Legal Topics
['development Application for Alterations and Additions to Dwelling' 'sepp 1 Objection to Floor Space Ratio Development Standard' 'bulk, Scale and Siting' 'streetscape' 'desired Future Character']
['planning and Environment' 'development Consent'] ['development Application for Alterations and Additions to Dwelling' 'sepp 1 Objection to Floor Space Ratio Development Standard' 'bulk, Scale and Siting' 'streetscape' 'desired Future Character']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Judgment

Legal Issues

  1. 1 ['Whether the proposed floor space ratio of 0.96:1 and the distribution of building on the site was reasonable and justified' 'Whether the proposal would have an adverse impact on the streetscape of Hearn Street and the visual appearance of the existing dwelling' 'Whether the SEPP 1 objection to the floor space ratio in cl 19 of Leichhardt Local Environmental Plan 2000 was well founded']

Ratio Decidendi

The SEPP 1 objection was not well founded because the existing dwelling already exceeded the 0.5:1 FSR standard and the proposed 0.96:1 FSR would be almost double the permitted density, would not be complementary or compatible with the surrounding row and desired future character, and would exceed relevant envelope controls. Compliance with the development standard was not unreasonable or unnecessary, and the proposal also had unacceptable impacts in bulk, scale, siting and streetscape.

Court Disposition

Appeal dismissed and development consent refused

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is dismissed.' 'Development application No D12005/373 lodged with the respondent council on 18 August 2005, to alter and add to an existing dwelling, at Lot 1, DP 196923, being No 5 Hearn Street, Leichhardt, is refused development...