Alexus Pty Limited v Leichhardt Council [2010] NSWLEC 1114

Land and Environment Court of New South Wales

CITATION : Alexus Pty Limited v Leichhardt Council [2010] NSWLEC 1114

APPLICANT Alexus Pty Limited PARTIES : RESPONDENT Leichhardt Council

FILE NUMBER(S) : 10939 of 2009

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- conversion of an existing garage/parking areas into 3 residential units, SEPP 1 Objection to FSR and parking, internal amenity.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Leichhardt Local Environmental Plan 2000

DATES OF HEARING: 27 April 2010

DATE OF JUDGMENT: 26 May 2010

APPLICANT Mr M Frazer (barrister) SOLICITOR Craddock Murray Neumann Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Ms R McCulloch (solicitor) SOLICITOR Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

26 May 2010

10939 of 2009 Alexus Pty Limited v Leichhardt Council

JUDGMENT Background. 1 This appeal was lodged against council's deemed refusal of a development application for the conversion of part of a 4 level mixed-use development located at 91 – 95 Victoria Road, Rozelle. The proposal involves the reduction in the ground floor business area and conversion of the existing garage/parking areas associated with the business area into 3 residential units. 2 The existing building was originally approved in or about 2000 in the following configuration: o Commercial/business floor area of approximately 487 sq m at ground level (Victoria Road); o An intermediate level (Level 1) providing parking for the business floor area on the western side (the area currently occupied by and under lease to the ground floor tenant). This has ground level access from Prosper Lane; o 5 residential units at levels 2 and 3, with pedestrian access from Prosper Lane; 3 This consent was subsequently modified by the Court in consent orders made in 2007, which allowed the conversion of the eastern part of the car park area into 3 residential units. However this was subsequently amended to 2 units that have now been constructed. Consequently there is no car parking for either the pre-existing residential units or the new units. The modified conditions included: Condition 27: Application for a subdivision certificate under Section 109(C) (1) (d) of the Environmental Planning and Assessment Act 1979 shall be made to Council and be approved and registered prior to occupation. In so doing the associated strata plan and by laws shall be amended to reflect the following: i Parking space 4 to be denoted on the strata plan as being a loading dock for Pt Lot 12. ii The visitor parking spaces to be allocated to PT Lot 12 (the commercial tenancy); iii No owners, tenants or occupiers of this building are eligible to participate in any existing or proposed Council Parking Schemes. All occupants and/or employees of this building will be ineligible to obtain any Council Parking Scheme permits. 4 The contentions raised by council for this current application are then summarised as: o Overdevelopment of the site; o Parking impacts; o Suitability of the proposed revised parking loading arrangements for the ground floor commercial/business tenancy; o SEPP 1 Objection to the FSR development standard. o Internal amenity of the proposed residential units. o Disabled access provisions.