Morosini v Leichhardt Council [2006] NSWLEC 245

Land and Environment Court of New South Wales

CITATION : Morosini v Leichhardt Council [2006] NSWLEC 245

APPLICANT Denise Morosini PARTIES : RESPONDENT Leichhardt Council

FILE NUMBER(S) : 10733 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- alterations and additions to an existing house and construction of a swimming pool - heritage impacts - loss of solar access - bulk - loss of privacy

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

CASES CITED: Winten Property Group v North Sydney Council 2001 NSWLEC 46

DATES OF HEARING: 28/03/2006

DATE OF JUDGMENT: 03/29/2006

APPLICANT Ms M-L. Taylor, solicitor SOLICITORS Norman Waterhouse Lawyers

RESPONDENT LEGAL REPRESENTATIVES: Ms J. Reid, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

29 March 2006

10733 of 2005 Denise Morosini v Leichhardt Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the deemed refusal of Development Application No D/2005/64 by Leichhardt Council (the council) relating to the property at 44 Lamb Street, Lilyfield (the site) for alterations and additions to an existing dwelling house and the construction of a new swimming pool.

The site 2 The site is located on the eastern side of Lamb Street and comprises Lot 125 and Lot 126 in Section D of DP1474. It has a frontage of 9.7 m to Lamb Street and a depth of 30.48 m giving a total site area of 297.2 sq m. The site is generally flat. A single storey weatherboard is located on the site in addition to a garage and a number of shed-type structures facing a rear lane.