Melocco and Moore Architects v Leichhardt Municipal Council [2005] NSWLEC 587

Melocco and Moore Architects v Leichhardt Municipal Council [2005] NSWLEC 587

The proposed pavilion extension and associated works, subject to conditions and amendments including lowering of the pavilion height and submission of a contamination report, do not unacceptably impact the heritage significance of the property, its neighbours, Simmons Park, or the conservation area, and satisfy the planning and heritage objectives of the LEP and DCP. Consequently, the appeal is upheld and consent granted with conditions.

Parties
Applicant: Melocco and Moore Architects; Respondent: Leichhardt Municipal Council
Jurisdiction
Australia
Judgment Date
26 October 2005
Procedural Posture
Development Application Appeal / Judgment
Outcome
Appeal upheld. Development consent granted with conditions.
Legal Topics
Development Application, Heritage Significance, Building Location Zone, Development Control Plan, Environmental Planning Policies
Planning Law Heritage Law Development Application Heritage Significance Building Location Zone Development Control Plan Environmental Planning Policies

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Parties

Melocco and Moore Architects

Applicant

Leichhardt Municipal Council

Respondent

Procedural Posture

Development Application Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed pavilion extension will adversely affect the heritage significance of the existing house, its neighbours, the conservation area and Simmons Park
  2. 2 Compliance with building location zone and impact on views and amenity
  3. 3 Compliance with environmental planning and heritage controls

Ratio Decidendi

The proposed pavilion extension and associated works, subject to conditions and amendments including lowering of the pavilion height and submission of a contamination report, do not unacceptably impact the heritage significance of the property, its neighbours, Simmons Park, or the conservation area, and satisfy the planning and heritage objectives of the LEP and DCP. Consequently, the appeal is upheld and consent granted with conditions.

Court Disposition

Appeal upheld. Development consent granted with conditions.

Orders

  • The appeal is upheld
  • Development application No. D/2004/482, for alterations and additions to the existing dwelling at 11 Simmons Street, East Balmain, is determined by the granting of development consent subject to the conditions in Annexure A hereto.