NSW Caselaw
Land and Environment Court of New South Wales
CITATION : MSP Architects Pty Limited v Leichhardt Municipal Council [2008] NSWLEC 93
APPLICANT MSP Architects Pty Limited PARTIES : RESPONDENT Leichhardt Municipal Council
FILE NUMBER(S) : 11001 of 2007
CORAM: Hussey C
KEY ISSUES: Development Application :- s96 Modification to incorporate lift, heritage impact, view impact
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: SREP 2005 Leichhardt Local Environmental Plan 1995
DATES OF HEARING: 14/02/2008
EX TEMPORE JUDGMENT DATE : 15 February 2008
APPLICANT Ms S. Jellie, barrister instructed by PricewaterhouseCoopers Legal LEGAL REPRESENTATIVES: RESPONDENT Ms J. Walsh, solicitor of Pike Pike and Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
15 February 2008
11001 of 2007 MSP Architects Pty Limited v Leichhardt Municipal Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT 1 This appeal is against councils refusal of part of a s96 application to modify the consent granted for a 4 apartment residential development at No. 19A Wharf Road, Birchgrove. The part of the development concerns the inclusion of an external lift, within an existing gantry void, from the ground floor level to the carport area. Condition 2AA required the deletion of this lift component. Accordingly I have considered the merits of the lift component within the context of the overall development.
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