Cipriano v Leichhardt C [2006] NSWLEC 90

Land and Environment Court of New South Wales

CITATION : Cipriano v Leichhardt C [2006] NSWLEC 90

APPLICANT Norman & Marshia Cipriano PARTIES : RESPONDENT Leichhardt Council

FILE NUMBER(S) : 10582 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Alterations and Additions to a heritage item - construction of a two-storey dwelling - character - layout and design - setbacks.

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

DATES OF HEARING: 6/02/2006 and 7/02/2006

EX TEMPORE JUDGMENT DATE : 02/07/2006

APPLICANT Ms M-L Taylor, solicitor of Norman Waterhouse LEGAL REPRESENTATIVES: RESPONDENT Mr G. Green, solicitor of Pike Pke & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

7 February 2006

10582 of 2005 Norman & Marshia Cipriano v Leichhardt Council This decision was given extemporaneously on site. It has been revised and edited prior to publication. JUDGMENT 1 This appeal relates to development application No D/2004/689 for the Torrens Title subdivision of Nos 15-17 Elswick Street, Leichhardt into two lots plus alterations and additions to the existing two storey dwelling on the resulting lot 1 and the erection of a new two storey dwelling house on the resulting lot 2.

2 The site is situated on the south eastern corner of Elswick and Jarrett Street and comprises lot 48 in DP612. It has an area of 290.6 sq m with a frontage to Elswick Street of 9.145 m and a frontage to Jarrett Street of 30.48 m.