Beryan Interiors v Leichhardt Municipal Council [2004] NSWLEC 449

Land and Environment Court of New South Wales

CITATION : Beryan Interiors v Leichhardt Municipal Council [2004] NSWLEC 449 Applicant: Beryan Interiors Pty Ltd PARTIES : Respondent: Leichhardt Municipal Council FILE NUMBER(S) : 10308 of 2004 CORAM: Roseth SC KEY ISSUES: Development Application :- vehicular access Floor Space Ratio LEGISLATION CITED: CASES CITED: DATES OF HEARING: 15/07/2004 and 13/08/2004 DATE OF JUDGMENT: 08/17/2004

Mr B Hones, solicitor LEGAL REPRESENTATIVES: Mr G Green, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

17 August 2004

10308 of 2004 Beryan Interiors Pty Ltd v Leichhardt Municipal Council

JUDGMENT 1 SENIOR COMMISSIONER: This is an appeal against the refusal by Leichhardt Council of a development application to subdivide lot 23 of section 3 DP 2626, known as 17 Hathern Street, Leichhardt, into two allotments, to retain the existing dwelling and to erect a new dwelling on the second allotment.

The site 2 The site has an 11m frontage, a depth of 46m and an area of 488m2. Hathern Street was once a quiet cul-de-sac but now it leads into an overpass over Parramatta Road and is a busy road. As part of the reconstruction of the street, the road reservation in front of Nos 15, 17 and 19 has become a "shared zone" ie an access way used by cars and pedestrians. To enter the shared zone from the south, a car must make a right-hand turn across double yellow lines. To enter the shared zone from the north (ie from the overpass), a car must bake a 180o turn. Both manoeuvres are awkward. 3 There is a two-storey house on the east half of the site. The west half contains a half-built shed. The house to the east at No 15 is a two-storey terrace-type house. The house to the west at No 19 is a two-storey townhouse (ie a recently built terrace). In the wider locality most of the buildings are one or two-storey houses on small sites.