Modog Pty Limited v Leichhardt MC [2006] NSWLEC 489

Land and Environment Court of New South Wales

CITATION : Modog Pty Limited v Leichhardt MC [2006] NSWLEC 489

APPLICANT Modog Pty Limited PARTIES : RESPONDENT Leichhardt Municipal Council

FILE NUMBER(S) : 11286 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- partial demolition, alterations and additions to an existing two-storey industrial building, part three and part four storey residential flat building, building conversion, alterations and reuse, development standards, floor space ratio, landscaped area, building envelope, private open space, solar access, residential amenity and streetscape.

State Environmental Planning Policy No1 - Development Standards LEGISLATION CITED: Leichhardt Local Environmental Plan 2000 Leichhardt Development Control Plan 2000

DATES OF HEARING: 19/07/2006 and 20/07/2006

DATE OF JUDGMENT: 08/11/2006

APPLICANT Mr G. Newport, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr J. Ailing, SC. Solicitors: Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

11 August 2005

11286 of 2005 Modog Pty Limited v Leichhardt Municipal Council

JUDGMENT Introduction 1 This appeal relates to development application No D/2005/428 which is for the partial demolition and alterations and additions to an existing two-storey industrial building comprising conversion to a part three and part four storey residential flat building containing 28 dwellings, with an associated basement car park at 17-25 Beeson Street Leichhardt. Included in the proposal is the retention of an existing single storey dwelling. Strata subdivision of the entire development is also proposed.