Roche Group Pty Ltd v Leichhardt Council [2012] NSWLEC 1347

Roche Group Pty Ltd v Leichhardt Council [2012] NSWLEC 1347

The development is refused as it fails to fit within the locality and does not respond to the form of development sought by the Suburb Profile and planning controls, with inadequate parking, excessive bulk, scale, tree loss, insufficient landscape design, and unreasonable impact on views.

Jurisdiction
Australia
Judgment Date
19 December 2012
Procedural Posture
Development Application Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['development Application' 'bulk and Scale' 'impact on Views' 'tree Loss' 'traffic and Parking' 'contamination' 'heritage Conservation' 'landscape Design' 'mixed Use Development']
['planning and Environment Law'] ['development Application' 'bulk and Scale' 'impact on Views' 'tree Loss' 'traffic and Parking' 'contamination' 'heritage Conservation' 'landscape Design' 'mixed Use Development']

Case Brief

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Procedural Posture

Development Application Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the development is appropriate in height, bulk, and scale and consistent with streetscape and controls' 'Impact on views from adjoining properties and water' 'Tree loss and adequacy of landscape solution' 'Traffic and parking provision adequacy' 'Extent of required remediation and contamination']

Ratio Decidendi

The development is refused as it fails to fit within the locality and does not respond to the form of development sought by the Suburb Profile and planning controls, with inadequate parking, excessive bulk, scale, tree loss, insufficient landscape design, and unreasonable impact on views.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'Development Application D/2011/529 for demolition and mixed-use development at 100-102 Elliot Street, Balmain is refused consent.' 'The exhibits, other than exhibits A and B, are returned.']