Commins v Leichhardt Council [2011] NSWLEC 1095

Land and Environment Court New South Wales

Medium Neutral Citation: Commins v Leichhardt Council [2011] NSWLEC 1095 Hearing dates: 18 April 2011 Decision date: 28 April 2011 Before: Pearson C Decision: Applicant to provide an amended SEPP 1 objection and the parties to provide amended conditions of consent including a condition requiring an amendment to the plans to incorporate an additional 700mm rear setback by 4 May 2011, following which orders will be made in chambers. Catchwords: Development application - alterations and additions to dwelling - overshadowing Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 1 - Development Standards Leichhardt Local Environmental Plan 2000 Leichhardt Development Control Plan 2000 Cases Cited: Parsonage v Ku-ring-gai [2004] NSWLEC 347 The Super Studio v Waverley Council (2004) 133 LGERA 363 Pafburn v North Sydney Council [2005] NSWLEC 444 The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Zhang v Canterbury City Council (2001) 115 LGERA 373 Category: Principal judgment Parties: Jessica Commins (Applicant) Leichhardt Council (Respondent) Representation: Mr A Pickles (Applicant) Mr R Commins, Patterson Houen & Commins (Applicant) Ms R McCulloch, Pikes Lawyers (Respondent) File Number(s): 10117 of 2011

Judgment 1This is an appeal under s97(1) of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Leichhardt Council (the Council) of consent to Development Application No D/2010/346 for alterations and additions to an existing dwelling at Lot 2 DP908855, 102 Phillip Street Birchgrove (the site). 2The matter was set down for a conciliation conference under s34AA of the Land and Environment Court Act 1979 (the Court Act). The parties were unable to reach agreement. Pursuant to s34AA(2)(b) of the Court Act, the conciliation conference was terminated and a hearing was held. The parties consented to evidence heard on site and the site view forming part of the evidence in the proceedings.