Raiti v Leichhardt Council (2) [2005] NSWLEC 410

Raiti v Leichhardt Council (2) [2005] NSWLEC 410

The amended plans sufficiently address the issues identified in the preliminary judgment, and the proposal for alterations and additions to the dwelling is acceptable.

Parties
Applicant: Raiti; Respondent: Leichhardt Council
Jurisdiction
Australia
Judgment Date
21 July 2005
Procedural Posture
Appeal / Final Judgment
Outcome
appeal upheld; development consent granted by consent
Legal Topics
Development Application, Streetscape Setback, Bulk and Scale, Privacy, Overshadowing
Planning Law Development Application Streetscape Setback Bulk and Scale Privacy Overshadowing

Case Brief

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Parties

Raiti

Applicant

Leichhardt Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether amended plans address issues of streetscape setback, bulk and scale, privacy and overshadowing with respect to the development application.

Ratio Decidendi

The amended plans sufficiently address the issues identified in the preliminary judgment, and the proposal for alterations and additions to the dwelling is acceptable.

Court Disposition

appeal upheld; development consent granted by consent

Orders

  • The appeal be upheld.
  • Development consent be granted to development application D/2004/475 for part demolition and alterations and additions to an existing single storey dwelling and associated works at 59 Louisa Road Birchgrove, subject to conditions annexed and marked with the letter 'A'.