Singer v Leichhardt Council [2015] NSWLEC 1025

Singer v Leichhardt Council [2015] NSWLEC 1025

The impact of the bulk and scale of the proposed development will detrimentally affect the amenity of adjoining properties and does not achieve the objectives of the development standard. The applicant's objection to the FSR development standard is not well founded, and it is not appropriate to provide an exception. Accordingly, consent cannot be granted.

Jurisdiction
Australia
Judgment Date
20 February 2015
Procedural Posture
Development Application Appeal / Judgment After Hearing
Outcome
Appeal dismissed
Legal Topics
['development Applications' 'bulk and Scale' 'floor Space Ratio' 'streetscape Character' 'view Loss' 'overshadowing' 'heritage Conservation']
['planning Law' 'environmental Law' 'local Government Law'] ['development Applications' 'bulk and Scale' 'floor Space Ratio' 'streetscape Character' 'view Loss' 'overshadowing' 'heritage Conservation']

Case Brief

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Procedural Posture

Development Application Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed development represents overdevelopment of the site' 'Whether the objection to the development standard for FSR is well founded' 'Whether non-compliance with side setbacks and building location is reasonable or results in adverse amenity impacts' 'Streetscape and character impacts' 'Consistency with planning controls, including SREPP SHC, DCP, and SEPP55' 'View impacts, overshadowing, and heritage values']

Ratio Decidendi

The impact of the bulk and scale of the proposed development will detrimentally affect the amenity of adjoining properties and does not achieve the objectives of the development standard. The applicant's objection to the FSR development standard is not well founded, and it is not appropriate to provide an exception. Accordingly, consent cannot be granted.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Development Application D/2014/383 for demolition of an existing dwelling house and construction of a new dwelling at No 18 Gow Street, Balmain is refused consent.' 'The exhibits, other than Exhibits A, B, F and 1, may be returned.']