Agvali Holdings Pty Limited v Leichhardt Council [2002] NSWLEC 211

Land and Environment Court of New South Wales

CITATION : Agvali Holdings Pty Limited v Leichhardt Council [2002] NSWLEC 211 APPLICANT: Agvali Holdings Pty Limited PARTIES : RESPONDENT: Leichhardt Council FILE NUMBER(S) : 10333 of 2001 CORAM: Bignold J KEY ISSUES: Development Application :- SEPP No 1 objection to maximum floor space ratio prescribed by LEP LEGISLATION CITED: State Environmental Planning Policy No 1-Development Standards CASES CITED: DATES OF HEARING: 07/11/02 DATE OF JUDGMENT: 11/18/2002

APPLICANT: Mr I Hemmings, Barrister SOLICITORS J Vosnakis and Associates

LEGAL REPRESENTATIVES: REPONDENT: Mr G Green, Solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . . 10333 of 2001 Coram : Bignold J 18 November 2002

AGVALI HOLDINGS PTY LIMITED

Applicant

v

LEICHHARDT COUNCIL

Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 against the determination of the Council refusing development consent to an application for a residential development involving alterations and additions to, and the conversion of, an existing motel on land known as Nos 23-27 Arundel Street, Glebe (the development site) so as to create 20 apartments and seven two storey townhouses—the latter being situate at the rear of the development site with frontage to Catherine Street, Glebe.