Claron Projects Pty Ltd v Leichhardt Municipal Council [2004] NSWLEC 296

Land and Environment Court of New South Wales

CITATION : Claron Projects Pty Ltd v Leichhardt Municipal Council [2004] NSWLEC 296 APPLICANT Claron Projects Pty Ltd PARTIES : RESPONDENT Leichhardt Municipal Council FILE NUMBER(S) : 10153 of 2004 CORAM: Bly C KEY ISSUES: Development Application :- section 96 modification - residential flat building LEGISLATION CITED: Environmental Planning and Assessment Act 1979; s 96 CASES CITED: DATES OF HEARING: 24/05/2004 DATE OF JUDGMENT: 06/16/2004

APPLICANT Ms S Duggan SOLICITORS Robilliard Plowman Herat LEGAL REPRESENTATIVES: RESPONDENT Mr B J Preston SOLICITORS Pike Pike & Fenwick

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10153 of 2004 Bly C 16 June 2004 Claron Projects Pty Ltd Applicant

v Leichhardt Municipal Council Respondent Judgment

Introduction

1. This appeal relates to an application to amend, pursuant to s.96 of the Environmental Planning and Assessment Act 1979 ("the EPA Act"), the existing development consent No. D/1999/535 ("the original consent"), which was granted by the Leichhardt Municipal Council on 10 July 2001.

2. The original consent is for alterations and additions to the existing two-storey dwelling at 50 Louisa Road, Birchgrove, so as to create a residential flat building containing two dwellings. It involves the retention of the existing two-storey external walls, window openings, internal walls, floors and ceilings. The existing roof is to be removed and a new third-floor with a garage plus a fourth floor within the new roof is to be constructed.