Church v Leichhardt Council [2006] NSWLEC 671

Church v Leichhardt Council [2006] NSWLEC 671

The potential loss of one on street parking space is not significant enough to warrant refusal of the development application, and conditions can be imposed to avoid adverse impact on the Sydney Blue Gum tree.

Jurisdiction
Australia
Judgment Date
26 October 2006
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
['development Application' 'on Site Car Parking' 'tree Impact' 'street Parking Loss']
['planning and Environment Law'] ['development Application' 'on Site Car Parking' 'tree Impact' 'street Parking Loss']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposal will result in the loss of on street car parking' 'Whether the proposal will have an acceptable impact on the adjoining Sydney Blue Gum']

Ratio Decidendi

The potential loss of one on street parking space is not significant enough to warrant refusal of the development application, and conditions can be imposed to avoid adverse impact on the Sydney Blue Gum tree.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'Development Application D/2005/286 is approved subject to conditions in Annexure A.' 'Exhibits are returned except for exhibits 5 and A.']