McAuliffe v Leichhardt Municipal Council [2004] NSWLEC 723

Land and Environment Court of New South Wales

CITATION : McAuliffe v Leichhardt Municipal Council [2004] NSWLEC 723 APPLICANTS T J McAuliffe & Dr D W Elliott PARTIES : RESPONDENT Leichhardt Municipal Council FILE NUMBER(S) : 11044 of 2004 CORAM: Nott C KEY ISSUES: Development Application :- Modification sought to conditions of council's consent - overshadowing of adjoining property - streetscape appearance LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 96 CASES CITED: DATES OF HEARING: 3 and 21 December 2004 DATE OF JUDGMENT: 12/21/2004

APPLICANTS Mr M Staunton, solicitor SOLICITORS LEGAL REPRESENTATIVES: Staunton Beattie

RESPONDENT Ms A Sowden, solicitor employed by Council

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

21 December 2004

11044 of 2004: T J McAuliffe & Dr D W Elliott v Leichhardt Municipal Council

JUDGMENT 1 This is an appeal under s 96 of the Environmental Planning and Assessment Act 1979 in respect of a development consent dated 17 December 2003, which approved alterations and additions to an existing two-storey free-standing terrace house at 12 Turner Street, Balmain, on the south-western corner of Cardwell Street. 2 The applicants sought to have the consent modified by deleting the following two conditions: 4(a) Reduce the eave height of the first floor addition by no less than 500 mm (maximum wall height of southern-western wall RL 46.21 and maximum roof ridge RL 47.32). The angle of the skillion (over bedroom one) is required to be maintained at 7.5 degrees.