Vlahos v Leichhardt Municipal Council [2010] NSWLEC 1007

Land and Environment Court of New South Wales

CITATION : Vlahos v Leichhardt Municipal Council [2010] NSWLEC 1007

APPLICANT George and Mary Vlahos PARTIES : RESPONDENT Leichhardt Municipal Council

FILE NUMBER(S) : 10424, 10426 and 10427 of 2009

CORAM: Tuor C

BUILDING CERTIFICATE - DEVELOPMENT CONSENT :- use basement and air conditioner KEY ISSUES: work carried out without consent noise impact conditions of consent

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Protection of the Environment Operations (Noise Control) Regulations 2008 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Leichhardt Local Environmental Plan 2000

CASES CITED: Jonah Pty Ltd v Pittwater Council (2006) 144 LGERA 408

DATES OF HEARING: 8 December 2009, final conditions received 13/01/10

DATE OF JUDGMENT: 15 January 2010

APPLICANT Mr C Gough, solicitor of Storey & Gough Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Ms J Walsh, solicitor of Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

15 January 2010

10424 of 2009 Vlahos v Leichhardt Council 10426 of 2009 10427 of 2009

JUDGMENT 1 These are appeals against the refusal by Leichhardt Council (the council) of: (i) an application under s 96 of the Environmental Planning and Assessment Act 1979 (the Act) to modify development consent (D/2004/732) for a new dwelling, garage with attic space over at 12A Theodore Street, Balmain (the site). The s 96 application seeks approval to use a basement and air conditioning unit, which have been constructed without consent (Appeal No. 10427 of 2009). (ii) A building certificate application (BC/116/2008) under s 149F of the Act for the basement works (Appeal No. 10426 of 2009).