Marsh Cashman v Leichhardt Council [2008] NSWLEC 1195

Land and Environment Court of New South Wales

CITATION : Marsh Cashman v Leichhardt Council [2008] NSWLEC 1195

Applicant: Marsh Cashman Koolloos Architects PARTIES : Respondent: Leichhardt Council

FILE NUMBER(S) : 11009 of 2008

CORAM: Roseth SC

KEY ISSUES: Development Application :-

DATES OF HEARING: 06/05/2008 and 12/05/2008

DATE OF JUDGMENT: 13 June 2008

Applicant: LEGAL REPRESENTATIVES: Mr D Miller, barrister instructed by Ms E Hillier, solicitor of Gadens Lawyers Respondent: Ms R McCulloch, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

13 June 2008

11009 of 2007 Marsh Cashman Koolloos Architects v Leichhardt Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Leichhardt Council (the council) of a development application to demolish the existing house and construct a new three-storey house on lot A DP 322150, known as 3A Ballast Point Road, Birchgrove. The council identified three major matters in contention; however, during the hearing the parties reached agreement on all but two relatively minor design aspects of the proposal. Given that the points on which the parties had agreed met the objectors' legitimate concerns, the Court's decision was required only on the two aspects on which agreement was not reached.

The site 2 The site is on the northeast side of Ballast Point Road and extends to Wharf Road. Its frontage is 10m, its depth is 34m, and its area is 303m2. It falls 5m from front to rear. A single-storey house is now located on it, with a garage at a lower level facing Wharf Road. There are a pool and terrace on the garage roof. There is no significant vegetation on the site.