Pontlevis Pty Limited v Leichhardt Municipal Council [2011] NSWLEC 1193

Pontlevis Pty Limited v Leichhardt Municipal Council [2011] NSWLEC 1193

The appeal was dismissed because the proposed subdivision and attached three-storey dwellings would create uncharacteristically narrow lots that dictated a terrace-style form with nil or negligible side setbacks, excessive bulk, breaches of relevant DCP and LEP controls, adverse impacts on 7 Tilba Avenue, and an unacceptable presentation to Iron Cove. The proposal was inconsistent with the desired future character of detached or semi-detached freestanding dwellings with landscape separation in the waterfront heritage conservation area, did not satisfy the considerations in cl 30 of the LEP, and the site was not suitable for the development under s 79C(1) of the Environmental Planning and...

Jurisdiction
Australia
Judgment Date
15 July 2011
Procedural Posture
Class 1 Appeal Pursuant to S 97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application D/2010/503 / Principal Judgment
Outcome
Appeal dismissed; development consent refused.
Legal Topics
['development Application Refusal' 'subdivision of Waterfront Land' 'desired Future Character' 'side Setbacks' 'bulk and Scale' 'building Location Zone' 'foreshore Building Line' 'landscaped Area' 'floor Space Ratio']
['planning and Environment Law' 'development Consent' 'subdivision' 'heritage Conservation'] ['development Application Refusal' 'subdivision of Waterfront Land' 'desired Future Character' 'side Setbacks' 'bulk and Scale' 'building Location Zone' 'foreshore Building Line' 'landscaped Area' 'floor Space Ratio']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Pursuant to S 97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application D/2010/503 / Principal Judgment

Legal Issues

  1. 1 ['Whether the proposed subdivision of Lot 12 DP 1132009 into two long, narrow lots would provide an appropriate setting for development and protect the urban form, scale and density of the locality.' 'Whether the proposed two three-storey attached dwellings were consistent with the desired future character of the Birchgrove Distinctive Neighborhood and the heritage conservation area.' 'Whether non-compliance with side setback controls, building location zones, landscaped area controls and floor space ratio controls was acceptable.' 'Whether the proposed development would have unacceptable impacts when viewed from the water and on adjoining property at 7 Tilba Avenue.' 'Whether the site was suitable for the proposed development under s 79C(1) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The appeal was dismissed because the proposed subdivision and attached three-storey dwellings would create uncharacteristically narrow lots that dictated a terrace-style form with nil or negligible side setbacks, excessive bulk, breaches of relevant DCP and LEP controls, adverse impacts on 7 Tilba Avenue, and an unacceptable presentation to Iron Cove. The proposal was inconsistent with the desired future character of detached or semi-detached freestanding dwellings with landscape separation in the waterfront heritage conservation area, did not satisfy the considerations in cl 30 of the LEP, and the site was not suitable for the development under s 79C(1) of the Environmental Planning and...

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • ['The appeal is dismissed.' 'Development consent to DA/2010/503 for subdivision of lot 12 DP 113 2009, known as 5 Tilba Avenue Balmain and the construction of two three-storey attached dwellings with associated parking landscaping and swimming pools on each lot is refused.' 'The exhibits returned.']