Drivas v Canada Bay [2004] NSWLEC 111

Land and Environment Court of New South Wales

CITATION : Drivas v Canada Bay [2004] NSWLEC 111 Peter and Helen Drivas Applicant PARTIES : Canada Bay City Council Respondent FILE NUMBER(S) : 11425 of 2003 CORAM: Roseth SC KEY ISSUES: Development Application - Development Control Plan - Development Standards :- Planning principle: development potential of small sites LEGISLATION CITED: CASES CITED: DATES OF HEARING: 18/03/2004 and 19/03/2004 DATE OF JUDGMENT: 03/26/2004

Ms A Pearman, barrister LEGAL REPRESENTATIVES: Mr P Jackson, solicitor, Pike Pike & Fenwick

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11425 of 2003

Roseth SC

26 March 2004 Peter & Helen Drivas Applicant

v

Canada Bay City Council Respondent Judgment

Introduction 1 This is an appeal against the refusal by Canada Bay City Council (the council) of a development application to demolish the existing building and erect a two-storey house over basement parking at 41 Thompson Street, Drummoyne.

The site 2 The site is 9m wide and 36m deep, with an area of 334m2. The adjoining property to the north is No 43 Thompson Street, a two-storey house of considerable bulk. The adjoining property to the south is No 39, a partly single partly two-storey house of modest size. The site is within the Bourketown Conservation Area, which extends over several street blocks and which, despite containing a variety of house sizes and styles, exhibits some uniformity and cohesion. 3 The houses in Thompson Street in the block in which the site is located have little uniformity. There are three two-storey houses, the remainder is single-storey with asymmetrical gabled fronts. Some have additions at the rear creating an upper level.