Church v Leichhardt Council [2006] NSWLEC 671

Land and Environment Court of New South Wales

CITATION : Church v Leichhardt Council [2006] NSWLEC 671

APPLICANT Tony and Wendy Church PARTIES : RESPONDENT Leichhardt Council

FILE NUMBER(S) : 10299 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- construction of an on-site car parking space and a new crossing - loss of on street parking - impact on existing tree

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Leichhardt Local Environmental Plan 2000

DATES OF HEARING: 26/10/2006

EX TEMPORE JUDGMENT DATE : 10/26/2006

APPLICANT In person

LEGAL REPRESENTATIVES: RESPONDENT Ms J Walsh, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

26 October 2006

10299 of 2006 Tony and Wendy Church v Leichhardt Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Leichhardt Council (the council) of Development Application D/2005/286 for the relocation of a pedestrian gate, insertion of a sliding timber gate, construction of an on-site car parking space and new driveway crossing (with access from Valley Street) at 1 Wortley Street, Balmain (the site).

2 The proceedings were conducted as an On Site Hearing and the judgement reflects the details in the Statement of Basic Facts and the findings given on 26 October 2006.

3 The site is Lot 2 in DP 1035139. It is irregular in shape with frontages to Wortley Street and Valley Street and a total site area of 232.65 square metres. A two-storey semi-detached dwelling is located on the site and is built to the western boundary. The open space for the dwelling is located to the east, facing Valley Street. No car parking facilities are currently provided on-site.