Armstrong L v Ashfield Municipal Council [2004] NSWLEC 166

Land and Environment Court of New South Wales

CITATION : Armstrong L v Ashfield Municipal Council [2004] NSWLEC 166 revised - 21/06/2004 APPLICANT L Armstrong PARTIES : RESPONDENT Ashfield Municipal Council

FILE NUMBER(S) : 10133 of 2001 CORAM: Bly C Development Application :- residential flat building KEY ISSUES: heritage and streetscape amenity impacts on neighbours internal amenity. LEGISLATION CITED: Environmental Planning and Assessment Act 1979; Ashfield Local Environmental Plan 1985. CASES CITED: DATES OF HEARING: 29/03/04-30/03/04 DATE OF JUDGMENT: 04/19/2004

APPLICANT B T Goldsmith (Agent)

LEGAL REPRESENTATIVES: RESPONDENT Mr P Jackson, Solicitor SOLICITOR Pike Pike & Fenwick

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10133 of 2001 Bly C 19 April 2004 L Armstrong Applicant

v Ashfield Municipal Council Respondent Introduction

1. This appeal relates to Development Application No 148/00 for alterations and additions to the existing two-storey residential flat building at 6 Kensington Rd., Summer Hill so as to form eight one-bedroom dwellings. A new basement for the parking of nine cars with access via a ramp off Kensington Rd is to be provided.

2. The rectangular shaped site is situated on the southern side of Kensington Rd, between Dover and Bogan Streets and has an area of some 697 m2. It has a fall of some 3.1 m from front to rear. The principal building on the site contains four separate dwellings. There is a freestanding four-vehicle garage adjacent to the rear boundary. There is no vegetation on the site which is of any particular significance.