Lachlan Project Management v Sydney City Council [2006] NSWLEC 28

Lachlan Project Management v Sydney City Council [2006] NSWLEC 28

It was reasonable to allow 2 car spaces for each large 3 bedroom unit given the locational context and the provisions of the new LEP 2005; retention of restricted-width northern balconies was justified to maintain architectural integrity and aesthetics, with further design adjustment to minimize amenity impacts.

Parties
Applicant: Lachlan Project Management; Respondent: Sydney City Council
Jurisdiction
Australia
Judgment Date
09 February 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal partly allowed
Legal Topics
Development Application, Conversion of Serviced Apartments, Residential Flat Development, Amenity, Aesthetics, Overlooking, Carparking, Privacy, Building Design
Planning Law Environmental Law Property Law Development Application Conversion of Serviced Apartments Residential Flat Development Amenity Aesthetics +4 more

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Parties

Lachlan Project Management

Applicant

Sydney City Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether additional carparking spaces should be permitted exceeding DCP No. 11 limits
  2. 2 Whether northern balconies should be retained given amenity, privacy, and view impacts

Ratio Decidendi

It was reasonable to allow 2 car spaces for each large 3 bedroom unit given the locational context and the provisions of the new LEP 2005; retention of restricted-width northern balconies was justified to maintain architectural integrity and aesthetics, with further design adjustment to minimize amenity impacts.

Court Disposition

appeal partly allowed

Orders

  • The applicant is permitted to provide 18 car spaces for the development, allowing 2 car spaces per 3 bedroom unit.
  • The parties are to consider a minor redesign of the northern balconies (reduced width) within 14 days and notify the Registrar of further arrangements before final orders.