Berrafall Pty Ltd -v- Council of the City of Sydney [2009] NSWLEC 1059

Land and Environment Court of New South Wales

CITATION : Berrafall Pty Ltd -v- Council of the City of Sydney [2009] NSWLEC 1059

APPLICANT Berrafall Pty Ltd PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10971 of 2008

CORAM: Tuor C

DEVELOPMENT APPLICATION :- residential development. KEY ISSUES: impact on tree whether front setback and character of streetscape residential amenity

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

DATES OF HEARING: 09/02/09 and 10/02/09

DATE OF JUDGMENT: 4 March 2009

APPLICANT Mr J. Cole, solicitor of HWL Ebsworth Lawyers

LEGAL REPRESENTATIVES: RESPONDENT Mr M. Baird, barrister Instructed by Ms C. Rose of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

4 March 2009

10971 of 2008 Berrafall Pty Ltd -v- Council of the City of Sydney

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by the Council of the City of Sydney (the council) of a development application (D/2008/270) under the Environmental Planning and Assessment Act 1979 (the Act) to construct three terraces, alterations and additions to two existing terraces, basement parking for four cars with access off Alfred Road, demolish an existing shed, removal of signage, landscaping and subdivision at 61 – 63 Hereford Street, Glebe (the site).