Maley and Anor v Leichhardt Municipal Council [2009] NSWLEC 1207

Land and Environment Court of New South Wales

CITATION : Maley and Anor v Leichhardt Municipal Council [2009] NSWLEC 1207

FIRST APPLICANT Liam Maley

PARTIES : SECOND APPLICANT Emma Louise MacDonald

RESPONDENT Leichhardt Municipal Council

FILE NUMBER(S) : 10110 of 2009

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :- Dwelling extensions, excessive bulk, overshadowing

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

DATES OF HEARING: 21 May 2009

DATE OF JUDGMENT: 25 June 2009

APPLICANT Mr C Maley (Solicitor) SOLICITOR Maclarens Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Ms J Walsh (Solicitor) SOLICITOR Pikes Lawyers

JUDGMENT: tTHE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

25 June 2009

10110 of 2009 Liam Maley and Emma Louise MacDonald

JUDGMENT Background. 1 This appeal was lodged against council's refusal of a development application for alterations and additions to an existing cottage at 20 Crescent Street, Rozelle. The issues identified for the appeal are summarised as follows: o Excessive bulk and resultant overshadowing of adjoining open space areas. o Inconsistent with the urban form guidelines that apply in this heritage conservation area. o Unsatisfactory design of the front fence. o Public interest matters. The site 2 This site is described as Lot 2 in DP 224795 and is situated near the intersection of Crescent and Parsons Streets. It has a total area of 190sq m, a splayed street frontage of 4.86m and side boundaries of approximately 40m. As a consequence of its situation, the rear boundaries of 4 residential properties facing Parsons Street back onto the sites southern boundary.