Colquhoun v Leichhardt Municipal Council [2006] NSWLEC 227

Land and Environment Court of New South Wales

CITATION : Colquhoun v Leichhardt Municipal Council [2006] NSWLEC 227

APPLICANT Peter and Margaret Colquhoun PARTIES : RESPONDENT Leichhardt Municipal Council

FILE NUMBER(S) : 10976 of 2005

CORAM: Tuor C

Development Application :- Alterations and additions, KEY ISSUES: bulk and scale, character of the area SEPP 1 objection to floor space ratio

LEGISLATION CITED: Leichhardt Local Environmental Plan 2000 State Environmental Planning Policy No 1

CASES CITED: Hooker Corporation Pty Limited v Hornsby Council NSWLEC (2 June 1986 unreported); Winton Properties Group Limited v North Sydney Council [2001] NSWLEC 46

DATES OF HEARING: 19/06/2006

EX TEMPORE JUDGMENT DATE : 06/20/2006

APPLICANT Mr T Howard, barrister SOLICITORS LEGAL REPRESENTATIVES: Colquhoun & Colquhoun RESPONDENT Ms J Reid, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

20 June 2006

10976 of 2005 Peter and Margaret Colquhoun v Leichhardt Municipal Council

JUDGMENT 1 This is an appeal against the deemed refusal by Leichhardt Municipal Council (the council) of a development application for alterations and additions at 588 Darling Street, Rozelle (the site). The site and its context 2 The site has a frontage to Darling Street of 9.695 m and a side boundary along Bruce Street of 23.97 m, with a site area of 233.1 sq m. It is developed with a two storey Victorian building fronting Darling Street with a single storey extension. There is parking at the rear of the site and two existing trees.