Kolln v Sydney City Council [2006] NSWLEC 552

Land and Environment Court of New South Wales

CITATION : Kolln v Sydney City Council [2006] NSWLEC 552

APPLICANT Ian Kolln PARTIES : RESPONDENT Sydney City Council

FILE NUMBER(S) : 11128 of 2004

CORAM: Hussey C

KEY ISSUES: Development Application :- Residential flat building, excessive bulk/scale, SEPP1 objection to FSR, flooding, access, character

Environmental Planning and Assessment Act LEGISLATION CITED: State Environmental Planning Policy No. 55 - Remediation of Land Leichhardt Local Environmental Plan 2000 Leichhardt Development Control Plan No. 23 - Orphan School Creek

DATES OF HEARING: 27/05/2005, 01/07/2005, 15/07/2005, 03/08/2006, 29/08/2006 and 30/08/2006

EX TEMPORE JUDGMENT DATE : 09/01/2006

APPLICANT Mr J Atkin, barrister SOLICITORS Macedone Christie Willis LEGAL REPRESENTATIVES:

RESPONDENT Mr C Leggat, SC SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

1 September 2006

11128 of 2004 Ian Kolln v Sydney City Council

JUDGMENT Background 1 This appeal was lodged against council's refusal of a development application for a residential townhouse development at Forest Lodge. For the appeal a number of issues were identified, which can be summarised as following: o bulk and scale of the proposal, in terms of its compliance with the FSR development standard and its compatibility with neighbouring development, o building design elements, o drainage and flooding o access. The site 2 The development site is located on the north-western corner of Foss Street and consists of two allotments (Lot 1, DP 110081 and Lot K DP110081), which are physically separated by another allotment (Lot J). To the rear of the lots is a steep embankment that rises approximately 7 m to a large open area, known as "Wood Street" reserve.