Bolzan, Dimitri & Flyover P/L v Leichhardt MC [2005] NSWLEC 323

Bolzan, Dimitri & Flyover P/L v Leichhardt MC [2005] NSWLEC 323

The proposed four-storey mixed development, although compliant with floor space ratio, is inconsistent and incompatible with the objectives of the relevant planning instruments for this conservation area, particularly in regard to height, bulk, and scale. The development would detract from the streetscape and is not aligned with the heritage conservation aims and desired future character of Norton Street as encapsulated in council's LEP and DCP. The proposal also fails the SEPP 65 principles of context and scale.

Parties
Applicant: J Bolzan; Applicant: V Dimitri; Applicant: Flyover Pty Limited; Respondent: Leichhardt Municipal Council
Jurisdiction
Australia
Judgment Date
30 May 2005
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment at First Instance
Outcome
appeal dismissed
Legal Topics
Development Applications, Heritage Conservation, Urban Design, Environmental Planning Instruments, Merits Review
Planning and Environment Law Development Applications Heritage Conservation Urban Design Environmental Planning Instruments Merits Review

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Parties

J Bolzan

Applicant

V Dimitri

Applicant

Flyover Pty Limited

Applicant

Leichhardt Municipal Council

Respondent

Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Judgment at First Instance

Legal Issues

  1. 1 Whether the proposed development is consistent with the heritage conservation area
  2. 2 Compatibility of the proposed development with Leichhardt Environmental Plan 2000 and Development Control Plan 2000
  3. 3 Appropriateness of the bulk, height, and scale of the development in the context of the streetscape and conservation area

Ratio Decidendi

The proposed four-storey mixed development, although compliant with floor space ratio, is inconsistent and incompatible with the objectives of the relevant planning instruments for this conservation area, particularly in regard to height, bulk, and scale. The development would detract from the streetscape and is not aligned with the heritage conservation aims and desired future character of Norton Street as encapsulated in council's LEP and DCP. The proposal also fails the SEPP 65 principles of context and scale.

Court Disposition

appeal dismissed

Orders

  • The appeal in respect of the properties known as Nos. 143-149 Norton Street, Leichhardt, is dismissed.
  • The development application submitted to Leichhardt Municipal Council, and as amended, for a four storey mixed development containing: three commercial shops at ground level, nine residential units over three levels; and at ground parking for 12 vehicles, is determined by the refusal of consent.