Raiti v Leichhardt Council (2) [2005] NSWLEC 410

Land and Environment Court of New South Wales

CITATION : Raiti v Leichhardt Council (2) [2005] NSWLEC 410

APPLICANT Raiti PARTIES : RESPONDENT Leichhardt Council

FILE NUMBER(S) : 11302 of 2004

CORAM: Tuor C.

Development Application :- Alterations and additions to an existing single storey house KEY ISSUES: Amended plans address issues of streetscape setback bulk and scale privacy and overshadowing.

LEGISLATION CITED: Leichhardt Local Environmental Plan 2000

DATES OF HEARING: 21/07/2005 EX TEMPORE JUDGMENT DATE : 07/21/2005

APPLICANT Mr Howard, barrister

LEGAL REPRESENTATIVES: RESPONDENT Ms Rankin, solicitor Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

21 July 2005

11302 of 2004 Raiti v Leichhardt Municipal Council (2)

JUDGMENT

1 On 28 April 2005, I delivered a preliminary judgment on this appeal. The appeal is against the refusal by Leichhardt Municipal Council of a development application for alterations and additions to an existing single storey house at 59 Louisa Road, Birchgrove, to provide a two storey dwelling and off street parking for two cars. 2 The judgment addressed a number of issues with the proposal including its streetscape impact as a result of the front setback and two car parking spaces, rear setback and resultant impact on bulk and scale, privacy and overshadowing of adjoining properties. I found that in its current form the application does not warrant approval but that amended plans could address the issues of concern. The parties agreed to this course of action and the applicant prepared amended plans. Council renotified the amended plans and no submissions received. The parties then sought consent orders from the court. 3 The amended plans delete one car parking space, reduce the front setback, increase the rear setback of the upper level and change the rear roof form. I am satisfied that the amended plans address the issues raised in the preliminary judgment and that the proposal is acceptable.