Willis & Tosich v Sydney City Council [2004] NSWLEC 495

Land and Environment Court of New South Wales

CITATION : Willis & Tosich v Sydney City Council [2004] NSWLEC 495 APPLICANTS Gregory Willis & Melanie Tosich PARTIES : RESPONDENT Sydney City Council FILE NUMBER(S) : 10452 of 2004 CORAM: Hussey C KEY ISSUES: Development Consent :- Section 121B order - demolish carport/deck/pergola - unsatisfactory visual amenity LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Leichhardt Local Environmental Plan CASES CITED: DATES OF HEARING: 01/09/2004 EX TEMPORE 09/01/2004 JUDGMENT DATE :

APPLICANTS Mr R Ash, solicitor

LEGAL REPRESENTATIVES: RESPONDENT Ms J Jagot, barrister

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

1 September 2004

10452 of 2004 Gregory Willis and Melanie Tosich v Sydney City Council

JUDGMENT

1 This appeal is against a s 121B Order No. 2 requiring the demolition of a rear deck/pergola on a two storey residence at 1 Upper Road, Forest Lodge. The matter was listed for hearing today and following a site inspection, the parties agreed that the matter be completed by way of an on-site hearing (osh).

2 Whilst the property is not a listed heritage item, it is however, situated in the Glebe Conservation Area. According to the applicant's evidence, the deck and the additional pergola were necessary as a replacement for a pre-existing deck, over a carport that was structurally unsound. This reconstruction work practically involved and covered the same building footprint, except for the pergola which has been attached to the residence. This has been done apparently to achieve a reasonable level of privacy for the property owners.