Paul Anthony Hayes v Leichhardt Municipal Council (No 2) [2011] NSWLEC 1225

Paul Anthony Hayes v Leichhardt Municipal Council (No 2) [2011] NSWLEC 1225

The proposed development, while numerically compliant with some controls, is of excessive bulk and scale relative to the effective site area, and would adversely alter the character of the conservation area and set an undesirable precedent; conditional consent may be granted only if the upper level extension is reduced by 2.5-3 meters.

Parties
Applicant: Paul Anthony Hayes; Respondent: Leichhardt Municipal Council
Jurisdiction
Australia
Judgment Date
29 July 2011
Procedural Posture
Appeal / Final Judgment
Outcome
appeal upheld; conditional consent granted
Legal Topics
Development Application, Heritage Conservation, Urban Design, Building Scale and Bulk
Planning Law Environmental Law Development Application Heritage Conservation Urban Design Building Scale and Bulk

Case Brief

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Parties

Paul Anthony Hayes

Applicant

Leichhardt Municipal Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 whether the proposed extension is of excessive bulk and scale
  2. 2 compliance with rear building location zone (BLZ) and side setback controls
  3. 3 impact on heritage conservation area

Ratio Decidendi

The proposed development, while numerically compliant with some controls, is of excessive bulk and scale relative to the effective site area, and would adversely alter the character of the conservation area and set an undesirable precedent; conditional consent may be granted only if the upper level extension is reduced by 2.5-3 meters.

Court Disposition

appeal upheld; conditional consent granted

Orders

  • Appeal upheld
  • Development consent granted to development application D/2010/360 for alterations and extensions at 38 Carlisle Street Leichhardt, subject to the conditions in Annexure A