Planit Consulting v Leichhardt Council [2008] NSWLEC 29

Land and Environment Court of New South Wales

CITATION : Planit Consulting v Leichhardt Council [2008] NSWLEC 29

Applicant: Planit Consulting Pty Ltd PARTIES : Respondent: Leichhardt Municiapl Council

FILE NUMBER(S) : 10885 of 2007

CORAM: Roseth SC

KEY ISSUES: Development Application :- demolitions application; whether application for replacement buildings required

CASES CITED: Parrott v Kiama [2004] NSWLEC 77 Jones v Leichhardt Municiapal Council [2004] NSWLEC 379

DATES OF HEARING: 17/01/2008 and 18/01/2008

DATE OF JUDGMENT: 24 January 2008

Applicant: LEGAL REPRESENTATIVES: Mr M Baird, barrister Respondent: Ms J Walsh, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

24 January 2008

10885 of 2007 Planit Consulting Pty Ltd v Leichhardt Municipal Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by Leichhardt Municipal council (the council) of a development application to demolish most of the existing structures on, and remediate the contaminated areas of lots A and B DP 395221 and Part lots 3 and 4 DP 456207, known as 1-5 Tilba Avenue, Balmain.

The site 2 The site is on the western side of Tilba Avenue. Its eastern side adjoins Iron Cove. It comprises four allotments, lots A and B DP 395221 and Part lots 3 and 4 DP 456207. Lot A is 7.5m wide and has an area of 462m2; lot B is 10.8m wide and has an area of 645m2; lot 3 has a width of 7.4m and an area of 405m2; and lot 4 has a width of 4m and an area of 202m2. The total width of the four allotments is about 30m, while the total area is 1,820m2. 3 The existing house spans across the four allotments, almost side boundary to side boundary. It is the result of an extension of a pair of semi-detached houses on lots A and B. The extension fills in the site from the wall of the original semi (which was set back 2-3m from the southern boundary to the southern boundary of lot 4. As a result the house allows no views from Tilba Avenue to the Harbour. 4 The site falls from the road to the rear to Iron Cove about 9m. The ground level of the existing dwelling is about 3m below the road level. Adjoining to the north is 1A Tilba Avenue, a free-standing two-storey house with a garage facing Tilba Avenue on a site with a width of about 15m. To the south is 7 Tilba Avenue, containing a house on an allotment of about 20m-width. South of that property is 9 Tilba Avenue on an allotment of about 6-7m. (These dimensions were judged by eye on the locality map.) There are heritage items nearby at 8 and 18 White Street. The site is within a heritage conservation area.