IUS Pty Ltd v Leichhardt Municipal Council [2004] NSWLEC 319

IUS Pty Ltd v Leichhardt Municipal Council [2004] NSWLEC 319

The Court held that the front courtyard wall was the front wall of the building for the Development Control Plan envelope controls, that the proposal was a good architectural solution in its Mackenzie Street setting and achieved the relevant statutory and planning-control objectives, and that the small floor space ratio exceedance of about 6 sq m had no impact that would frustrate the objectives of the Environmental Planning and Assessment Act 1979; accordingly compliance with the standard was unreasonable and the SEPP 1 objection was allowed.

Jurisdiction
Australia
Judgment Date
15 June 2004
Procedural Posture
Class 1 Appeal / Appeal Against Deemed Refusal of Development Application D/2003/783
Outcome
Appeal upheld; deferred development consent granted.
Legal Topics
['development Application' 'development Consent' 'floor Space Ratio' 'state Environmental Planning Policy No. 1 Objection' 'local Environmental Plan' 'development Control Plan' 'streetscape Character' 'desired Future Character']
['planning and Environment Law'] ['development Application' 'development Consent' 'floor Space Ratio' 'state Environmental Planning Policy No. 1 Objection' 'local Environmental Plan' 'development Control Plan' 'streetscape Character' 'desired Future Character']

Case Brief

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Procedural Posture

Class 1 Appeal / Appeal Against Deemed Refusal of Development Application D/2003/783

Legal Issues

  1. 1 ['Whether the State Environmental Planning Policy No. 1 objection against exceedance of the statutory floor space ratio should be upheld.' 'Whether the proposal would be sympathetic to the existing and future character of the Piperston Distinctive Neighbourhood under the Leichhardt Local Environmental Plan 2000.' 'Whether the proposed development was compatible with the scale, form, design and character of existing development in the locality.' 'Whether there was sufficient information about structural works to the party wall, owner consent for the party wall, and access to parking arrangements.']

Ratio Decidendi

The Court held that the front courtyard wall was the front wall of the building for the Development Control Plan envelope controls, that the proposal was a good architectural solution in its Mackenzie Street setting and achieved the relevant statutory and planning-control objectives, and that the small floor space ratio exceedance of about 6 sq m had no impact that would frustrate the objectives of the Environmental Planning and Assessment Act 1979; accordingly compliance with the standard was unreasonable and the SEPP 1 objection was allowed.

Court Disposition

Appeal upheld; deferred development consent granted.

Orders

  • ['The appeal is upheld.' 'Deferred development consent is granted to demolition of existing house and erection of two 2-storey attached townhouses with basement carparking and subdivision, as shown on drawings in Exhibits A, BB, C, D, and D of this appeal as listed in Annexure "A" and all as amended by and in...