Sue Higgins v Leichhardt Municipal Council [2004] NSWLEC 103

Land and Environment Court of New South Wales

CITATION : Sue Higgins v Leichhardt Municipal Council [2004] NSWLEC 103 APPLICANT Sue Higgins PARTIES : RESPONDENT Leichhardt Municipal Council

FILE NUMBER(S) : (1)0404 of 2002 CORAM: Hussey C KEY ISSUES: Development Application :- alterations to an existing dwelling - on-site carparking LEGISLATION CITED: Leichhardt Local Environmental Plan 2000 Leichhardt Development Plan 2000 CASES CITED: DATES OF HEARING: 03-04/02/2004 EX TEMPORE 02/05/2004 JUDGMENT DATE :

APPLICANT Mr A Pickles, barrister

RESPONDENT LEGAL REPRESENTATIVES: Mr P Jackson, solicitor SOLICITORS Pike Pike & Fenwick

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

(1)0404 of 2002 Hussey C 5 February 2004 Sue Higgins Applicant

v Leichhardt Municipal Council Respondent Judgment

Background

1. This matter involves an appeal against a condition of consent imposed on a development at 25 Curtis Road, Balmain. The development involves building alterations to an existing dwelling and the provision of on site carparking with access over the footpath onto Curtis Road.

2. The appealled condition No. 3, requires the submission of amended plans with the Construction Certificate to effect: (a) deletion of the proposed vehicular crossing to Curtis Road and the off site parking space forward of existing dwelling.

3 . The proposed carparking space is located adjacent to the eastern property boundary, with a setback of some 300 mm and is approximately 2.5 m wide with a gravel surface. The access gateway is to be controlled by an automatic sliding, picket gate. Perimeter landscaping of Plumbago and box hedge are also proposed for screening.