Ramsay v Leichhardt Council [No 2] [2005] NSWLEC 477

Land and Environment Court of New South Wales

Ramsay v Leichhardt Council [No 2] [2005] NSWLEC 477 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

Applicant; Colin James Ramsay PARTIES : Respondent: Leichhardt Council

FILE NUMBER(S) : 10256 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- development on zone boundaries

DATES OF HEARING: 15/07/2005

DATE OF JUDGMENT: 09/01/2005

Applicant: Mr J Strati, solicitor of Avendra Singh Strati &Kam LEGAL REPRESENTATIVES: Respondent: Ms E Ranken, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

2 September 2005

10256 of 2005 Colin James Ramsay v Leichhardt Council [No 2]

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal of a development application to add a residential floor to the existing office building on lot 31, s3, DP 1162, known as 310 Norton Street, Leichhardt.

2 On 5 August 2005 I published my findings, the main effect of which was to require a setback of 4.5m for the residential floor above the existing office building. The findings left it open to the applicant to file amended drawings that comply with the required setback. The applicant has indicated that it does not intend to file amended drawings. The parties have agreed to my making the orders dismissing the appeal in chambers.

Orders 1. The appeal is dismissed. 2. Development application to add a residential floor to the existing office building on lot 31, s3, DP 1162, known as 310 Norton Street, Leichhardt is determined by refusal. 3. The exhibits are returned.