Barua v Leichhardt Council [2008] NSWLEC 1472

Land and Environment Court of New South Wales

CITATION : Barua v Leichhardt Council [2008] NSWLEC 1472

Applicant: Barua Pty Ltd PARTIES : Respondent: Leichhardt Council

FILE NUMBER(S) : 10728 of 2008

CORAM: Roseth SC

KEY ISSUES: Development Application :- fitting into conservation area streetscape

DATES OF HEARING: 20 November 2008 and 21 November 2008

DATE OF JUDGMENT: 25 November 2008

Applicant: LEGAL REPRESENTATIVES: Mr P Clay, barrister instructed by Mr A Whealy, solicitor of Gadens Respondent: Ms R McCulloch, solicitor of Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

25 November 2008

10728 of 2008 Barua Pty Ltd v Leichhardt Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by Leichhardt Council of a development application to demolish the existing service station and erect a mixed retail and residential development containing four shops, eight apartments and 16 car spaces on lots 3 and 4 DP 223, known as 418 Darling Street, Balmain.

The site 2 The site is on the southern side of Darling Street and has a rear boundary to Little Arthur Street. Its width is 24m and its area is 638m2. A service station now stands on it. To the east there is a pair of two-storey terrace houses. Further to the east is a building with a sawtooth roof and a parapet towards Darling Street. To the west is a row of five two-storey terrace houses, the most western of which is at the corner of Arthur Street. Little Arthur Street has the character of a service lane, with properties on either side having frontages either to Arthur Street or to Darling Street. Little Arthur Street has no uniform character.