Massy-Greene v Leichhardt Council [2012] NSWLEC 1202

Land and Environment Court New South Wales

Medium Neutral Citation: Massy-Greene v Leichhardt Council [2012] NSWLEC 1202 Hearing dates: 5 July 2012 Decision date: 27 July 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development application no. D/2011/485 for the construction of two semi-detached dwellings behind the façade of an existing warehouse building at 5-7 Manning Street, Rozelle, is refused consent. 3. The exhibits, other than 1, A, B, E, F and L, are returned. Catchwords: DEVELOPMENT APPLICATION: retention of warehouse façade; construction of semi-detached dwellings; FSR; minimum landscaped area; internal amenity; impact on neighbouring trees. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Ms Sophie Massy-Greene (Applicant) Leichhardt Council (Respondent) Representation: Counsel Mr Andrew Pickles (Barrister) (Applicant) Ms Julie Walsh (Solicitor) (Respondent) Solicitors Gadens Lawyers (Applicant) Pikes Lawyers (Respondent) File Number(s): 10193 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. D/2011/485 (the application) by Leichhardt Council (the Council) for the construction of two semi-detached dwellings behind the façade of an existing warehouse building, at 5-7 Manning Road, Rozelle (the site). 2The appeal was subject to mandatory conciliation and arbitration on 5 July 2012, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. The conciliation conference commenced on site and the Court, in the company of the parties and their experts, conducted a view of the adjacent area and neighbouring properties and heard from two local residents, one objecting to the proposal and one in support of the proposal. 3As no agreement was reached during the conciliation phase, the conciliation conference was terminated pursuant to s 34AA(2)(b) and the proceedings dealt with forthwith pursuant to s 34AA(2)(b)(i) and on the basis of what occurred at the conciliation conference pursuant to s 34AA(2)(ii).