Lannan v Inner West Council [2020] NSWLEC 1536

Land and Environment Court New South Wales

Medium Neutral Citation: Lannan v Inner West Council [2020] NSWLEC 1536 Hearing dates: 22 October 2020 Date of orders: 6 November 2020 Decision date: 06 November 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No. D/2019/271 for a partial first-floor addition to the existing cottage at 5 Sardinia Place, Birchgrove, is refused. (3) The exhibits, other than 1, 6, 7 and A, are returned. Catchwords: DEVELOPMENT APPLICATION – partial first-floor addition to an existing single storey terrace house – impact on the heritage significance of the heritage conservation area – impact on the amenity of adjoining properties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Lannan v Inner West Council [2020] NSWLEC 20 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: David Lannan (Applicant) Inner West Council (First Respondent) Andrew Toland (Second Respondent) Tiffany Hambley (Third Respondent) Representation: Counsel: M Seymour (Applicant) S Turner (Solicitor) (First Respondent) J Reid (Second and Third Respondents)