Symcorp Pty Limited v Leichhardt Council [2004] NSWLEC 606

Symcorp Pty Limited v Leichhardt Council [2004] NSWLEC 606

The proposed floor space ratio, although exceeding the LEP 2000 standard, was reasonable because the floor space was accommodated within the external walls of the existing building with no net increase in height or bulk, and there was no objection to upholding the SEPP 1 objection. The car parking issue had been resolved to the parties' satisfaction by providing stacked spaces. The Court was satisfied the consent orders could reasonably be endorsed, so the appeal was upheld by consent and the amended development application approved subject to conditions.

Jurisdiction
Australia
Judgment Date
01 November 2004
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Ex Tempore Judgment; Consent Orders
Outcome
Appeal upheld by consent; SEPP 1 objection upheld; development application approved subject to conditions.
Legal Topics
['adaptive Re Use' 'mixed Use Development' 'floor Space Ratio' 'sepp 1 Objection' 'car Parking' 'heritage Vicinity Impacts' 'residential Flat Building Design']
['planning and Environment' 'development Consent'] ['adaptive Re Use' 'mixed Use Development' 'floor Space Ratio' 'sepp 1 Objection' 'car Parking' 'heritage Vicinity Impacts' 'residential Flat Building Design']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Ex Tempore Judgment; Consent Orders

Legal Issues

  1. 1 ['Whether the proposed floor space ratio exceeding the LEP 2000 standard should be accepted and the SEPP 1 objection upheld.' 'Whether car parking for the proposed development was adequate and workable.' 'Whether the proposed consent orders could reasonably be endorsed by the Court under the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The proposed floor space ratio, although exceeding the LEP 2000 standard, was reasonable because the floor space was accommodated within the external walls of the existing building with no net increase in height or bulk, and there was no objection to upholding the SEPP 1 objection. The car parking issue had been resolved to the parties' satisfaction by providing stacked spaces. The Court was satisfied the consent orders could reasonably be endorsed, so the appeal was upheld by consent and the amended development application approved subject to conditions.

Court Disposition

Appeal upheld by consent; SEPP 1 objection upheld; development application approved subject to conditions.

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.' 'The objection made under State Environmental Planning Policy No 1 to the provisions of cl 23(1) of the Leichhardt Local Environmental Plan 2000 is upheld.' 'Development application No D/ 2002/ 331 lodged with the respondent...