Thomson v Ashfield Municipal Council [2008] NSWLEC 1220

Land and Environment Court of New South Wales

CITATION : Thomson v Ashfield Municipal Council [2008] NSWLEC 1220

APPLICANT James Evan Thomson PARTIES : RESPONDENT Ashfield Municipal Council

FILE NUMBER(S) : 10015 of 2008

CORAM: Hussey C

KEY ISSUES: Development Application :- Garage/Studio - significant tree removal, loss of amenity

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ashfield Local Environmental Plan 1985

DATES OF HEARING: 27/02/2008 and 05/06/2008

EX TEMPORE JUDGMENT DATE : 6 June 2008

APPLICANT Mr J. Thomson, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr S. Patterson, solicitor of Wilshire Webb Staunton beattie Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

6 June 2008

10015 of 2008 James Evan Thomson v Ashfield Muncipal Council This decision was given extemporaneously. It has been revised and edited prior to publication. JUDGMENT Backgound 1 Mr Thomson lodged this appeal against Council's refusal of a development application for the demolition of an outbuilding and the construction of a garage with a studio above, located at 16 Dickinson Avenue, Croydon. The proposal involves the removal of three trees, including a mature Jacaranda designated T1.

2 A number of issues were initially identified for the appeal including: o The height, bulk and scale of the building. o Amenity impacts on neighbouring properties, including loss of privacy due to the tree removal. o Heritage impacts. o Tree removal. 3 Following conferencing between the parties, agreement was reached on conditional resolution of most of these issues. However, the remaining threshold issue concern the necessity to remove the Jacaranda T1 to accommodate the building design. The Site 4 The proposed application is in relation to the property at 16 Dickinson Avenue, Croydon. This allotment of land is described as Lot 17 SEC B DP:5954.