NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Savage v Council of the City of Sydney [2010] NSWLEC 1312 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT D Savage PARTIES : RESPONDENT Council of the City of Sydney
FILE NUMBER(S) : 10436 of 2010
CORAM: Moore SC
KEY ISSUES: DEVELOPMENT CONSENT :- Modification application; parking in front facade; can social desirability of visitable and adapted house outweigh unacceptable streetscape impact
Leichhardt Local Environmental Plan 2000 LEGISLATION CITED: Leichhardt Development Control Plan 2000 City of Sydney Heritage Development Control Plan
CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 115 LGERA 373 The Benevolent Society v Waverley Council [2010] NSWLEC 1082
DATES OF HEARING: 18 August and 5 Novembe 2010
DATE OF JUDGMENT: 1 December 2010
APPLICANT Mr J Doyle, barrister
LEGAL REPRESENTATIVES: RESPONDENT Ms M Carpenter, barrister INSTRUCTED BY City Solicitor's Office
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE SC
1 December 2010
10/10436 D Savage v Council of the City of Sydney
JUDGMENT Introduction 1 SENIOR COMMISSIONER: Lodge Street in Forest Lodge is a quite inner Sydney suburban street. It is located within the Glebe Conservation Area, an area declared under the Leichhardt Local Environmental Plan 2000 (the LEP) to be a heritage conservation area, and as the Bishopthorpe Distinctive Neighbourhood (a smaller geographic area) under the Leichhardt Development Control Plan 2000 (the Leichhardt DCP), these being determinations by Leichhardt Municipal Council within whose local government area the street was located until it was transferred, several years ago, to the City of Sydney (the Council). The street has a mix of buildings within it ranging from those that predate, from their appearance, the end of the 19th century through to several more contemporary dwellings. Two of these contemporary dwellings are of relevance in these proceedings (although one of them only by association).
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