Paul Anthony Hayes v Leichhardt Municipal Council [2011] NSWLEC 1188

Paul Anthony Hayes v Leichhardt Municipal Council [2011] NSWLEC 1188

The proposed development is of excessive bulk and scale in the prevailing context, fails to satisfy relevant qualitative and heritage objectives even if numerically compliant, and should be modified with a setback to the upper level before consent may be considered.

Parties
Applicant: Paul Anthony Hayes; Respondent: Leichhardt Municipal Council
Jurisdiction
Australia
Judgment Date
07 July 2011
Procedural Posture
Appeal / Preliminary Findings
Outcome
Preliminary findings made; applicant allowed three weeks to consider and advise regarding amendments before final orders.
Legal Topics
Development Application, Terrace House Extension, Bulk and Scale, Rear Building Location Zone (blz), Conservation Area, Heritage, Development Controls, Precedent
Planning and Environment Development Application Terrace House Extension Bulk and Scale Rear Building Location Zone (blz) Conservation Area Heritage Development Controls +1 more

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Parties

Paul Anthony Hayes

Applicant

Leichhardt Municipal Council

Respondent

Procedural Posture

Appeal / Preliminary Findings

Legal Issues

  1. 1 Whether the proposed development is of excessive bulk and scale
  2. 2 Compliance with the rear Building Location Zone (BLZ)
  3. 3 Compliance with side setback controls

Ratio Decidendi

The proposed development is of excessive bulk and scale in the prevailing context, fails to satisfy relevant qualitative and heritage objectives even if numerically compliant, and should be modified with a setback to the upper level before consent may be considered.

Court Disposition

Preliminary findings made; applicant allowed three weeks to consider and advise regarding amendments before final orders.

Orders

  • Applicant is allowed three weeks until 29 July 2011 to consider findings and advise Council and Court whether it wishes to make minor amendments before final orders are made.