Durbin v Ashfield Council [2004] NSWLEC 686

Land and Environment Court of New South Wales

CITATION : Durbin v Ashfield Council [2004] NSWLEC 686 APPLICANT Michael Durbin PARTIES : RESPONDENT Ashfield Council FILE NUMBER(S) : 11092 of 2004 CORAM: Hoffman C Development Application :- S 96 appeal to amend development consent KEY ISSUES: overlooking privacy

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ashfield Local Environmental Plan 1985 CASES CITED: DATES OF HEARING: 25/11/2004 EX TEMPORE 11/25/2004 JUDGMENT DATE :

APPLICANT Mr J Johnson, solicitor Bartier Perry

LEGAL REPRESENTATIVES: RESPONDENT Mr P Jackson, solicitor Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

25 November 2004

11092 of 2004 Michael Durbin v Ashfield Council

JUDGMENT 1 This was appeal No. 11092 of 2004 between Michael Durbin and Ashfield Municipal Council in regard to the refusal of a s 96 application to amend DA 10.2003.301.1 issued on 10 November 2003.

2 The property involved was No. 10 James Street, Summer Hill. It was a medium sized single storey brick house, circa 1920 to 1930, with a large backyard.

3 Number 8 on its west side is a similar house, again with a large backyard. The property on the east of No. 10 is an Energy Australia yard, nearly all concreted.

4 The backyards of Nos. 8 and 10 are nicely landscaped with some mature trees, shrubs and lawn. Number 10 sought, and had received, an approval for a fairly large back verandah in DA10.2003.301.1, but it has not yet been built.