Fiene v Leichhardt Municipal Council [2010] NSWLEC 1226

Land and Environment Court of New South Wales

CITATION : Fiene v Leichhardt Municipal Council [2010] NSWLEC 1226

APPLICANT Gary and Desiree Fiene PARTIES : RESPONDENT Leichhardt Municipal Council

FILE NUMBER(S) : 10355 of 2010

CORAM: Tuor C

KEY ISSUES: DEVELOPMENT CONSENT :- s96 application to delete condition. Impact of changes on heritage significance of the conservation area.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Leichhardt Local Environmental Plan 2000

DATES OF HEARING: 27/07/2010

EX TEMPORE JUDGMENT DATE : 27 July 2010

APPLICANT Mr A Seton, solicitor Marsdens Law Group LEGAL REPRESENTATIVES:

RESPONDENT Ms J Walsh, solicitor Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

27 July 2010

10355 of 2010 Fiene v Leichhardt Council This determination was given extemporaneously and has been edited prior to publication

JUDGMENT 1 This is an appeal against the refusal by Leichhardt Council (council) of an application under s 96 of the Environmental Planning and Assessment Act 1979 (EPA Act) to modify development consent (D/2007/324) for alterations and additions at 2 Cove Street, Birchgrove. 2 The development consent includes Condition 2(a), which requires the deletion of a proposed dormer window fronting Cove Street. The s 96 application is seeking to: (a) delete Condition 2(a) and retain the front dormer window to the storage attic;