McGowan v Leichhardt [2004] NSWLEC 130

Land and Environment Court of New South Wales

CITATION : McGowan v Leichhardt [2004] NSWLEC 130 APPLICANT R McGOWAN PARTIES : RESPONDENT Leichhardt Council FILE NUMBER(S) : 11021 of 2003 CORAM: Hoffman C KEY ISSUES: Development Application :- s 96 modification to existing consent for alterations to stone cottage built before 1840. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Leichhardt Local Environment Plan 2000 CASES CITED: DATES OF HEARING: 17-18, 20/02/2004 EX TEMPORE 02/20/2004 JUDGMENT DATE :

APPLICANT Mr P Tomasetti (Barrister)

Mr J Doyle (Solicitor) Cowley Hearne Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr G Green (Solicitor)

Ms M Lyons Pike Pike & Fenwick

JUDGMENT: 3

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11021 of 2003 Hoffman C 20 February 2004 R McGowan Applicant

v Leichhardt Council Respondent Judgment 1. This was a class 1 appeal No 11021 of 2003 between Robert McGowan and Leichhardt Council in regard to the refusal of a s 96 application to amend and existing consent No D/2002/360 for alterations and additions to No 6 Waterview Street, Balmain.

2. It was an old stone house built before 1840 as a harbour master's cottage. It was not a heritage item but it was in a conservation area in the residential zone of the Leichhardt Town Plan 2000.

3. Mr McGowan had commenced the alterations and additions under the existing consent shown in exhibit 3. It could be described as putting a second storey on the rear portion of the house thus leaving the street front appearance of a single-storey cottage intact.