La Tella v Ashfield Council [2009] NSWLEC 1085

Land and Environment Court of New South Wales

CITATION : La Tella v Ashfield Council [2009] NSWLEC 1085

APPLICANTS R & M La Tella PARTIES : RESPONDENT Ashfield Council

FILE NUMBER(S) : 11187 of 2008

CORAM: Moore C

KEY ISSUES: DEVELOPMENT APPLICATION :-

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979

CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 115 LGERA 373

DATES OF HEARING: 19 February 2009

DATE OF JUDGMENT: 18 March 2009

APPLICANT Mr O Stichter, solicitor Otto Stichter & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr P Jackson, solicitor Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

18 March 2009

11187 of 2008 R & M La Tella v Ashfield Council

JUDGMENT

Introduction 1 COMMISSIONER: Yeo Street, Ashfield is approximately 100 m long. It has a dogleg in the middle – effectively breaking its streetscape into two separate components. The longer section is some 60 m in length and runs north-south whilst the shorter, at the southern end of the longer portion, runs east-west. The original housing in the street was developed between the first and second World Wars and comprised, originally, predominantly Californian bungalows.

2 1 Yeo Street, the site that is the subject of the present appeal, is located at the western end of the east-west running section of Yeo Street. It has an area of ~ 533 sq m. The site has, presently, a significantly modified one of the surviving Californian bungalows located on it. The application proposes the demolition of the existing house and the erection of a two-storey dwelling in its place. The site is zoned Residential 2(a) and the proposal is permitted with development consent. The council raises no objection to the demolition of the existing dwelling.