NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Donnelly v Leichhardt Municipal Council [2005] NSWLEC 381
APPLICANT Susan Donnelly
PARTIES : RESPONDENT Leichhardt Municipal Council
FILE NUMBER(S) : 11073 of 2004
CORAM: Hussey C
KEY ISSUES: Development Application :- Demolition of an existing semi-detached dwelling - replacement of three level semi-detached dwelling - exceedance of floor space ratio - heritage impacts on the site - excavation impacts - view intrusions - public interest
Leichhardt Local Environmental Plan 2000 State Environmental Planning Policy No. 55 - Remediation of Land LEGISLATION CITED: State Regional Environmental Plan 23 - Sydney and Middle Harbours Draft Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2004
DATES OF HEARING: 01/02/2005, 10/03//2005 and 06/06/2005
DATE OF JUDGMENT: 07/15/2005
APPLICANT Ms H Irish, barrister Instructed by: Mr B T Goldsmith of B T Goldsmith Planning Services LEGAL REPRESENTATIVES: RESPONDENT Ms J Walsh, solicitor SOLICITORS Pike Pike & Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
15 July 2005
11073 of 2004 Susan Donnelly v Leichhardt Municipal Council
JUDGMENT
Background 1 This appeal is against council's refusal of a development application to demolish an existing semi-detached dwelling/double garage and replace it with a new three level, semi-detached dwelling, situated at 9 Gallimore Avenue, East Balmain.
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