Head Academy Kung Fu Pty Limited v Leichhardt Council [2009] NSWLEC 1211

Land and Environment Court of New South Wales

CITATION : Head Academy Kung Fu Pty Limited v Leichhardt Council [2009] NSWLEC 1211

APPLICANT Head Academy Kung Fu Pty Limited PARTIES : RESPONDENT Leichhardt Council

FILE NUMBER(S) : 10086 of 2009

CORAM: Murrell C

KEY ISSUES: DEVELOPMENT APPLICATION :- allocation of parking for industrial complex

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 24 April 2009 6 May 2009

EX TEMPORE JUDGMENT DATE : 6 May 2009

APPLICANT Mr Staunton (barrister AGENT Mr J Leib Platino Properties LEGAL REPRESENTATIVES:

RESPONDENT Ms J Walsh (Solicitor) SOLICITOR Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

6 May 2009

10086 of 2009 Head Academy Kung Fu Pty Limited v Leichhardt Council This determination was given extemporaneously and has been edited prior to publication

JUDGMENT 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act against Leichhardt Council's refusal of an application for a change of use for unit No. 6, level 1, 63-75 Lords Road, Leichhardt.

2 By way of background the Court by way of consent, granted approval to a subdivision and stratum of the subject property such that there is a Torrens Title Lot 1 and a Strata Lot 2. The subject premises had alterations and additions proposed in the previous consent however, this is not the subject of these proceedings. In granting consent the Court referred to schedules of plans which included the subdivision plan (A) and subdivision plan (B) and this provides for a parking allocation to the various lots and units contained within the building. It is noted that the subject building is an existing large warehouse on the subject site. As I said, some alterations and additions were previously approved. 3 The Court, in these proceedings, is assessing the changed use of one unit only. That is Unit No. 6 has a car spacing allocation in terms of the previous consent. The applicant is seeking a change of use, that is for the use of this one unit within the complex to be used for Kung Fu classes.