Luna Moon Pty Ltd v Leichhardt Council [2005] NSWLEC 566

Land and Environment Court of New South Wales

CITATION : Luna Moon Pty Ltd v Leichhardt Council [2005] NSWLEC 566

APPLICANT Luna Moon Pty Ltd

PARTIES : RESPONDENT Leichhardt Council

FILE NUMBER(S) : 11464 of 2005

CORAM: Nott C

Development Application :- proposed partial demolition and conversion of factory buildings for use as dwellings - decrease of overall floorspace - noncompliance with the LEP and DCP - objection under SEPP 1 - circumstances in which redevelopment may take place are not confined to the adaptive reuse provisions of the DCP - relevant to consider continued use of existing buildings if DA refused KEY ISSUES:

Environmental Planning and Assessment Act 1979 s 97 LEGISLATION CITED: Leichhardt Local Environmental Plan 2000 Leichhardt Development Control Plan 2000

DATES OF HEARING: 9 & 10 August 2005 and 15 September (half days) and 16 September 2005

DATE OF JUDGMENT: 10/11/2005

APPLICANT Mr A Pickles, barrister SOLICITOR LEGAL REPRESENTATIVES: Paul Marsh

RESPONDENT Mr G Green, solicitor SOLICITORS Pike Pike & Fenwick

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

11 October 2005

11464 of 2004: Luna Moon Pty Ltd v Leichhardt Council [2005] NSWLEC 566

JUDGMENT

1. Commissioner Nott: This is an appeal against the council's refusal of a development application relating to the partial demolition and conversion of former factory buildings on lot 1 DP 612415 at 106 Beattie Street, Balmain to provide a total of eight dwellings. The site has an area of 1,064.6 sq m. The proposed development is described in more below (par 4 ff).