O'Halloran v Leichhardt Municipal Council [2006] NSWLEC 287

Land and Environment Court of New South Wales

CITATION : O'Halloran v Leichhardt Municipal Council [2006] NSWLEC 287

APPLICANT Francis and Rosemary O'Halloran PARTIES : RESPONDENT Leichhardt Municipal Council

FILE NUMBER(S) : 10952 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Alterations and Additions to existing semi-detached dwelling, site contamination, floor space ratio, overshadowing, heritage impacts

Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 1 - Development Standards LEGISLATION CITED: State Environmental Planning Policy No 55 - Remediation of Land Leichhardt Local Environmental Plan 2000 Leichhardt Development Control Plan 2000

DATES OF HEARING: 02/05/2006 and 03/05/2006

EX TEMPORE JUDGMENT DATE : 05/03/2006

APPLICANT Mr S. Kondilios, solicitor of Maddocks LEGAL REPRESENTATIVES:

RESPONDENT Ms J. Reid, solicitor of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

3 May 2006

10952 of 2005 Francis and Rosemary O'Halloran v Leichhardt Municipal Council

This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This appeal relates to Development Application No. D/2004/543 for the carrying out of alterations and additions to an existing semi-detached dwelling at No. 9 Simmons Street, Balmain. The works involved include a new attached carport, enclosure of an existing verandah, a first floor extension, alterations to the facades and internal reconfiguration.