Healey v Sydney City Council [2006] NSWLEC 274

Land and Environment Court of New South Wales

CITATION : Healey v Sydney City Council [2006] NSWLEC 274

APPLICANT Adrian Jon Healey PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 11275 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Alterations and additions to existing dwelling house, amenity impacts, conservation area

South Sydney Local Environmental Plan 1998 LEGISLATION CITED: South Sydney Development Control Plan 1997 South Sydney (Heritage Conservation) Development Control Plan 1998

DATES OF HEARING: 07/04/2006

DATE OF JUDGMENT: 05/24/2006

APPLICANT Mr O'Gorman Hughes, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr S Kondilios, solicitor SOLICITORS Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

25 May 2006

11275 of 2005 Adrian Jon Healey v Sydney City Council

JUDGMENT

Introduction 1 This appeal relates to development application No. D/2005/61 which is for alterations and additions to an existing single storey terrace house and garage at 82 Marriott Street, Redfern. The alterations to the house include the creation of a room in the roof of the front part of the dwelling and the erection of a first floor skillion roofed extension ("the first floor extension") above the existing rear skillion roofed wing which is to be extended. 2 Located on the west side of the street and described as Lot A DP 14131 the site has an area of 168 sq m. It has rear vehicular access off Blackmore Lane as well as a narrow pedestrian access way along the northern boundary of the site between Marriott Street and this Lane. The surrounding locality is characterised by single storey terrace houses. 3 The application has a long and somewhat complicated history involving allegedly unauthorised works; penalty infringement notices; and associated orders although no such orders are presently outstanding. These matters have no bearing on the determination of the appeal.