Gordon v Leichhardt Council [2007] NSWLEC 103

Land and Environment Court of New South Wales

CITATION : Gordon v Leichhardt Council [2007] NSWLEC 103

APPLICANT Jennifer M Gordon PARTIES : RESPONDENT Leichhardt Council

FILE NUMBER(S) : 10286 of 2006

CORAM: Murrell C

KEY ISSUES: Development Application :- extensions to existing dwelling and erection of retreat on rear boundary, impacts on adjoining properties - privacy, overlooking, bulk scale and height, building location zone, use of retreat, drainage easement.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Leichhardt Local Environmental Plan 2000 Leichhardt Development Control Plan 2000

DATES OF HEARING: 9/08/06, 1/12/06 and written submissions on conditions 2/12/06

DATE OF JUDGMENT: 2 March 2007

APPLICANT Ms J. Gordon, litigant in person with her Agent Mr Kingsbury-Carr LEGAL REPRESENTATIVES:

RESPONDENT Ms J. Walsh, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

2 March 2007

10286 of 2006 Jennifer M Gordon v Leichhardt Council

JUDGMENT 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act ("the Act") against the refusal of Leichhardt Council of a development application for alterations and additions to an existing dwelling and for a studio to be constructed at the rear of the subject site. Site and environs 2 The site is known as No. 18 Frazer Street, Lillyfield and has an area of some 454 sq m. It is on the eastern side of the street and is rectilinear in shape with a front and rear boundary of approximately 7.7 m and side boundaries of about 60 m. The site slopes from Frazer Street to the rear and there is a difference of some 4.5 m. At the rear of the site there is a townhouse development that gains access from Bayside Street. Adjoining the subject site on the northern boundary there are two properties: No. 6 Bayside Street is located adjacent to the rear half of the subject site and its rear boundary is about in line where the existing dwelling on the subject site extends to; and No. 20 Frazer Street is located next door to the existing dwelling on the subject land. 3 The subdivision pattern as shown in the attached zoning extract is varied ranging from the large lot where the townhouses are erected at the rear to the properties to the north that are about half the size of the subject site. To the south the lots are more consistent being relatively narrow and deep and with no rear access and a similar size and configuration to the subject property. 4 The existing dwelling on the site is a single storey Californian bungalow setback approximately 7.5 m from Fraser Street with carparking provided within the front setback area. Within the vicinity of the site there is a variety of development ranging from the townhouses at the rear to 2-storey dwellings opposite with garages built to the to the street. The houses to the south are a similar style to the subject property.