SB Two Pty Ltd v Leichhardt Council [2014] NSWLEC 1265

Land and Environment Court New South Wales

Medium Neutral Citation: SB Two Pty Ltd v Leichhardt Council [2014] NSWLEC 1265 Hearing dates: 31 October 2014 Decision date: 24 December 2014 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application (D/2014/250) for alterations and additions to the fourth (attic) level of the three approved dwellings at 27 Union Street, Balmain East, is refused. 3. The exhibits, except Exhibit 1, may be returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to upper level of approved development. Request under cl 4.6 of Leichhardt Local Environmental Plan 2013 to vary floor space ratio control. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 1 - Development Standards Leichhardt Local Environmental Plan 2013 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: SB Two Pty Ltd (Applicant)

Leichhardt Council (Respondent) Representation: Ms S Duggan SC (Applicant) Mr V Conomos of Conomos Legal (Applicant)

Ms R McCulloch of Pikes & Verekers Lawyers (Respondent) File Number(s): 10507 of 2014

Judgment 1This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Leichhardt Council (council) of a development application (D/2014/250) for alterations and additions to the fourth (attic) level of the three approved dwellings at 27 Union Street, Balmain East (site). 2The key issue is whether the contravention of the floor space ratio (FSR) standard in cl 4.4 of Leichhardt Local Environmental Plan 2013 (the LEP) is acceptable and satisfies cl 4.6 of the LEP.