Accetta v Leichhardt Municipal Council [2006] NSWLEC 728

Land and Environment Court of New South Wales

CITATION : Accetta v Leichhardt Municipal Council [2006] NSWLEC 728

APPLICANT Patrick Accetta PARTIES : RESPONDENT Leichhardt Municipal Council

FILE NUMBER(S) : 11454 of 2005

CORAM: Bly C

KEY ISSUES: Development Consent :- Extension of a dwelling, lanscaped area, private open space, car parking, adverse amenity impacts on neighbours

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy No. 1 Leichhardt Development Control Plan

DATES OF HEARING: 27/10/2006, 30-31/10/2006

EX TEMPORE JUDGMENT DATE : 10/31/2006

APPLICANT Mr A Pickles, barrister Instructed by Ms S Pagano, solicitor Of: Carbone Lawyers LEGAL REPRESENTATIVES: RESPONDENT Ms J Reid, solicitor SOLICITORS Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

31 October 2006

11454 of 2005 Patrick Accetta v Leichhardt Municipal Council

JUDGMENT 1 At 35 Albert Street, Leichhardt, is a single-storey building comprising a pair of attached dwellings with a detached garage at the rear. The building was originally constructed as a single dwelling which has more recently been extended essentially in accordance with a development consent granted by the council in early 1969. This extension has now been converted creating a second dwelling but no consent has been granted for this conversion or for its use as two dwellings.