Hunter v Leichhardt Council [2007] NSWLEC 394

Land and Environment Court of New South Wales

CITATION : Hunter v Leichhardt Council [2007] NSWLEC 394

APPLICANT Wendy Hunter PARTIES : RESPONDENT Leichhardt Council

FILE NUMBER(S) : 11270 of 2006

CORAM: Hoffman C

KEY ISSUES: Section 96 Application :- amended application, proposed increase in height, shadow impacts, bulk, overlooking

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

DATES OF HEARING: 20/03/07, 13/06/07, 22/06/07

EX TEMPORE JUDGMENT DATE : 13 June 2007

APPLICANT Mr A. Hudson, solicitor of Wilshire Webb LEGAL REPRESENTATIVES:

RESPONDENT Ms J. Walsh, solicitor of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

13 June 2007

11270 of 2006 Wendy Hunter v Leichhardt Council

JUDGMENT 1 This is Appeal No. 06/11270 in regard to a s 96 amendment application to DA 1997/296 for Lot 11 DP 1031495, being No.s 140 to 148 Beattie Street, Balmain. The parties are Wendy Hunter v Leichhardt Council.

2 The existing development consent granted a deferred commencement consent to demolish all existing buildings to erect a 3-storey residential flat building of 8 dwellings with basement car parking, and to erect a 2-storey residential flat building of two dwellings at the rear of the site. The s 96 modification included a number of amendments, the majority of which were approved by the Council on 7 November 2006. The subject appeal concerns the imposition of condition 3A that states: "The proposed additional height of 960 mm must be deleted. The additional height is considered excessive and inconsistent with the existing low scale development in the area".