Kennards Self Storage Pty Limited v Leichhardt Municipal Council [2007] NSWLEC 661

Kennards Self Storage Pty Limited v Leichhardt Municipal Council [2007] NSWLEC 661

The Court found the amended plans, including the acoustic wall and management plan, to adequately resolve noise and operational concerns raised by residents and Council, warranting the granting of development consent subject to conditions.

Parties
Applicant: Kennards Self Storage Pty Limited; Respondent: Leichhardt Municipal Council
Jurisdiction
Australia
Judgment Date
24 September 2007
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Noise Impact, Hours of Operation
Planning and Environment Development Application Noise Impact Hours of Operation

Case Brief

Summary, issues, holding and outcome

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Parties

Kennards Self Storage Pty Limited

Applicant

Leichhardt Municipal Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Was the proposed development application for extensions and hours of operation appropriate in light of noise impacts and resident complaints?
  2. 2 Were the amendments to plans, including the acoustic wall design and management plan, sufficient to resolve concerns?

Ratio Decidendi

The Court found the amended plans, including the acoustic wall and management plan, to adequately resolve noise and operational concerns raised by residents and Council, warranting the granting of development consent subject to conditions.

Court Disposition

appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development Application D/2006/564 is determined by granting of development consent subject to annexed conditions.