Grant Crowle and Megan Crowle v Leichhardt Council [2006] NSWLEC 255

Grant Crowle and Megan Crowle v Leichhardt Council [2006] NSWLEC 255

The proposal for alteration and addition to the dwelling, including a new first floor and detached garage, fails due to its gross and out-of-character streetscape impact in the heritage conservation area, and does not demonstrate the sensitivity required under the applicable planning controls.

Jurisdiction
Australia
Judgment Date
15 May 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['development Application' 'streetscape Impact' 'heritage Conservation Area' 'floor Space Ratio' 'landscaped Area' 'privacy' 'laneway Development']
['planning and Environment' 'heritage'] ['development Application' 'streetscape Impact' 'heritage Conservation Area' 'floor Space Ratio' 'landscaped Area' 'privacy' 'laneway Development']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed development adversely impacts the streetscape in a heritage conservation area' 'Compliance with floor space ratio requirements' 'Compliance with landscaped area requirements' 'Compliance with building envelope and siting controls' 'Appropriateness of built form, elevations, and materials' 'Compliance with laneway development controls' 'Impacts on visual and acoustic privacy' 'Vehicular access sufficiency' 'Potential encroachment on neighbouring land']

Ratio Decidendi

The proposal for alteration and addition to the dwelling, including a new first floor and detached garage, fails due to its gross and out-of-character streetscape impact in the heritage conservation area, and does not demonstrate the sensitivity required under the applicable planning controls.

Court Disposition

appeal dismissed

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is dismissed.' 'Development application No D/2004/197 to alter and add to the dwelling at No 64 Campbell Street, Balmain is refused consent.' 'The exhibits except for Exhibits A and B are returned.']