NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Pontlevis Pty Limited v Leichhardt Municipal Council [2011] NSWLEC 1193 Hearing dates: 19, 20 and 21 April 2011 Decision date: 15 July 2011 Jurisdiction: Class 1 Before: Dixon C Decision: (1)The appeal is dismissed. (2)Development consent to DA/2010/503 for subdivision of lot 12 DP 113 2009, known as 5 Tilba Avenue Balmain and the construction of two three-storey attached dwellings with associated parking landscaping and swimming pools on each lot is refused. (3)The exhibits returned. Catchwords: DEVELOPMENT APPLICATION - SUBDIVISION - heritage conservation area, desired future character of the area, setback, bulk and scale Legislation Cited: Environmental Planning and Assessment Act 1979 Leichhardt Environmental Plan 2000 Leichhardt Development Control Plan 2000 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Sydney Harbour Foreshores and Waterways Area Development Control Plan Cases Cited: Hammond v Leichhardt Municipal Council [2010] NSWLEC 1209 Planit Consulting v Leichhardt Council [2008] NSWLEC 29 Category: Principal judgment Parties: Pontlevis Pty Limited (Applicant)
Leichhardt Municipal Council (Respondent) Representation: Counsel Ms J Walsh, Solicitor (Applicant)
Mr A Pickles, Counsel (Respondent) Solicitors Paul A Brown & Co (Applicant)
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