Ramsay v Leichhardt Council [2005] NSWLEC 422

Land and Environment Court of New South Wales

Ramsay v Leichhardt Council [2005] NSWLEC 422 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

CASES CITED: Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117

DATES OF HEARING: 15/07/2005

DATE OF JUDGMENT: 08/05/2005

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

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

5 August 2005

10256 of 2005 Colin James Ramsay v Leichhardt Council

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

The site 2 The site is on the western side and northern end of Norton Street, close to its intersection with the City West Link Road. The existing office building is single level facing Norton Street, with an additional parking level at the rear, below the split-level offices. The perception from the west is of a two-storey building. The rear yard is used for parking. The width of the site is 10m, its depth is 31m and its area is 307m2. 3 The built form of the immediate neighbours in Norton Street is a mix of commercial and residential buildings, including Victorian terraces, attached and detached contemporary buildings of one and two-storeys, and single-storey houses. Adjoining to the north is a retail/commercial development, which is the subject of a development application for a three-storey mixed development. The council has refused that application and the applicant has lodged an appeal that has not yet been heard. To the south is a cottage used as a residence. To the west are residential properties fronting to James Street. No 77 James Street adjoins directly. It is about 800mm below the level of the western end of the site. Along the common boundary are a 1.8m high fence and a 2.5m high hedge. No 75 James Street adjoins at the corner and has a similar relationship. 4 The boundary between the commercial and residential zones runs along the rear boundaries of the Norton Street and James Street properties.