Ius Pty Limited v Leichhardt Municipal Council [2003] NSWLEC 370

Ius Pty Limited v Leichhardt Municipal Council [2003] NSWLEC 370

The SEPP 1 objection in relation to floor space ratio is sustained as strict compliance is unnecessary and the resultant built form would not have discernible visual impacts. Townhouse 1 complies with building envelope controls, but townhouse 2 does not—its gable roof exceeds the envelope beyond a minor architectural penetration. No satisfactory redesign is before the Court, and such a change requires significant amendment. Although view loss does occur, it does not warrant refusal on its own. The application is refused due to non-compliance with the building envelope for townhouse 2.

Jurisdiction
Australia
Judgment Date
25 November 2003
Procedural Posture
Appeal Against Council Refusal of Development Application / Judgment After Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'sepp 1 Objection' 'floor Space Ratio' 'building Envelope' 'obstruction of Views']
['planning and Environment'] ['development Application' 'sepp 1 Objection' 'floor Space Ratio' 'building Envelope' 'obstruction of Views']

Case Brief

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Procedural Posture

Appeal Against Council Refusal of Development Application / Judgment After Hearing

Legal Issues

  1. 1 ['Whether SEPP 1 objection in respect of floor space ratio should be sustained' 'Whether the proposed development fits within the bulk and scale of the neighbourhood in relation to DCP building envelope controls' 'Whether the development results in unacceptable obstruction of views from neighbouring properties']

Ratio Decidendi

The SEPP 1 objection in relation to floor space ratio is sustained as strict compliance is unnecessary and the resultant built form would not have discernible visual impacts. Townhouse 1 complies with building envelope controls, but townhouse 2 does not—its gable roof exceeds the envelope beyond a minor architectural penetration. No satisfactory redesign is before the Court, and such a change requires significant amendment. Although view loss does occur, it does not warrant refusal on its own. The application is refused due to non-compliance with the building envelope for townhouse 2.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'Development Application for construction of two townhouses with underground parking and subdivision into two Torrens title allotments at 58 Mackenzie St, Leichhardt, being Lot 1 DP 455806 is refused.' 'The exhibits, except Exhibits B, D, E, F and H, are returned.']