Baillie v Leichhardt Council [2009] NSWLEC 1244

Baillie v Leichhardt Council [2009] NSWLEC 1244

The amended plans removed the principal streetscape and overshadowing concerns by deleting the first floor addition to unit 1, replacing the curved roof element of unit 2 with a more traditional gabled form, and setting the first floor of unit 2 further from 5 Moore Street. The proposal had a floor space ratio below the LEP maximum, landscape area above the LEP minimum, was consistent with the Moore Street and Pine Street streetscapes, provided adequate open space and landscaping, removed no significant trees, produced acceptable bulk and scale, caused no unacceptable privacy impact, and any additional overshadowing of 5 Moore Street was minor and not unreasonable. The proposal therefore...

Jurisdiction
Australia
Judgment Date
06 May 2009
Procedural Posture
Appeal Against Refusal of Development Application / Proceedings Disposed of Under S 34(4)(b) of the Land and Environment Court Act 1979 After Termination of S 34 Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'alterations and Additions to Existing Cottage' 'construction of New Two Storey Dwelling' 'streetscape Impact' 'residential Amenity' 'overshadowing' 'building Location Zone']
['planning and Environment Law' 'development Control'] ['development Application' 'alterations and Additions to Existing Cottage' 'construction of New Two Storey Dwelling' 'streetscape Impact' 'residential Amenity' 'overshadowing' 'building Location Zone']

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Procedural Posture

Appeal Against Refusal of Development Application / Proceedings Disposed of Under S 34(4)(b) of the Land and Environment Court Act 1979 After Termination of S 34 Conciliation Conference

Legal Issues

  1. 1 ['Whether leave should be granted to rely on amended plans filed on 1 May 2009.' 'Whether the proposal complied with or satisfactorily addressed cl B1.2 of Leichhardt Development Control Plan 2000, including the Building Location Zone.' 'Whether the proposal would have unacceptable impacts on streetscape and residential amenity, particularly overshadowing of 5 Moore Street, Rozelle.']

Ratio Decidendi

The amended plans removed the principal streetscape and overshadowing concerns by deleting the first floor addition to unit 1, replacing the curved roof element of unit 2 with a more traditional gabled form, and setting the first floor of unit 2 further from 5 Moore Street. The proposal had a floor space ratio below the LEP maximum, landscape area above the LEP minimum, was consistent with the Moore Street and Pine Street streetscapes, provided adequate open space and landscaping, removed no significant trees, produced acceptable bulk and scale, caused no unacceptable privacy impact, and any additional overshadowing of 5 Moore Street was minor and not unreasonable. The proposal therefore...

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure A.

Orders

  • ['Leave is granted to rely on the amended plans filed on 1 May 2009.' 'The appeal is upheld.' 'The development application (D/2008/360) for alterations and additions to the existing cottage and construction of a new dwelling at 9 Moore Street, Rozelle, is approved subject to the conditions in Annexure A.' 'The...