Morrison v Leichhardt M C and Conventus v Leichhardt M C [2004] NSWLEC 195

Land and Environment Court of New South Wales

CITATION : Morrison v Leichhardt M C and Conventus v Leichhardt M C [2004] NSWLEC 195 Morrison Design Partnership Architects (Applicant) Conventus Pty Ltd (Applicant) PARTIES : Leichhardt Municipal Council (Respondent)

FILE NUMBER(S) : 10928 & 11445 of 2003 CORAM: Bly C KEY ISSUES: Development Application :- Dwelling houses - streetscape and conservation - bulk and scale - landscaping and carparking LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 06/04/2004 DATE OF JUDGMENT: 05/04/2004

APPLICANT Ms M L Taylor, solicitor SOLICITORS Taylor Kelso LEGAL REPRESENTATIVES: RESPONDENT Mr J Walsh, solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: 8

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10928 of 2003 and 11445 of 2003 Bly C 4 May 2003 Morrison Design Partnership Architects Coventus Pty Ltd

Applicants

v Leichhardt Municipal Council Respondent Judgment

1 . These two appeals relate to: + Development Application No. D/2002/905 for alterations and additions to the existing freestanding single storey dwelling including a new single car basement garage and first floor level at 34 Smith Street, Rozelle. + Development Application No. D/2002/692 for the demolition of the existing garage and part demolition of the existing single storey dwelling and the construction of a new two storey dwelling with a single car garage at 36 Smith Street, Rozelle.