McAuliffe v Sydney City Council [2006] NSWLEC 27

Land and Environment Court of New South Wales

CITATION : McAuliffe v Sydney City Council [2006] NSWLEC 27

APPLICANT Chris McAuliffe PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 11089 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Terrace house alterations - privacy screen - size and scale

DATES OF HEARING: 20/01/2006

EX TEMPORE JUDGMENT DATE : 01/20/2006

APPLICANT Mr G McKee, solicitor SOLICITORS McKEES LEGAL REPRESENTATIVES: RESPONDENT Mr S Kondilios, solicitor SOLICITORS Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

20 January 2006

11089 of 2005 Chris McAuliffe v Sydney City Council

JUDGMENT This decision was given extemporaneously. It has been revised and edited prior to publication.

1 This appeal is against council's deemed refusal of a development application for alterations comprising dormer windows and balcony privacy screen, to an approved dwelling application of 56 Telopea Street, Redfern. The approved building works are currently being undertaken and the appeal was lodged against the refusal of the dormer windows in both the street elevation and rear elevation of the roof. However, at the hearing, the application for the front dormers was abandoned by the applicant, with the remaining unresolved matter concerning the impact of the rear north facing dormer windows in the roof of the third bedroom.