Paul Anthony Hayes v Leichhardt Municipal Council (No 2) [2011] NSWLEC 1225

Land and Environment Court New South Wales

Medium Neutral Citation: Paul Anthony Hayes v Leichhardt Municipal Council (No 2) [2011] NSWLEC 1225 Hearing dates: 7 July 2011 Decision date: 29 July 2011 Jurisdiction: Class 1 Before: Hussey C Decision: Appeal upheld Conditional consent granted Catchwords: Development application - Terrace house extension - excessive bulk & scale - rear BLZ - irregular lot shape - conservation area - precedent Legislation Cited: Environmental Planning and Assessment Act 1979 Leichhardt Local Environmental Plan 2000 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Category: Principal judgment Parties: Paul Anthony Hayes (Applicant)

Leichhardt Municipal Council (Respondent) Representation: Solicitors Mr P Hayes (Applicant in person)

Ms J Walsh (Respondent) File Number(s): 10205 of 2011

Judgment

Background 1This appeal was lodged against council's refusal of a development application for alterations and additions to an existing terrace located at 36 Carlisle Street, Leichhardt. 2The proposed works involve the following extensions at the rear: * Ground floor; retention of two front rooms and demolition of dining room, kitchen and bathroom to construct new addition involving a kitchen, laundry and living room. Externally, pave rear yard and provide car parking at rear of premises. * First floor; modification of two front bedrooms with addition of hallway and construct new addition of hallway, bathroom/ensuite and new bedroom 1. 3For the appeal, the council identified a number of issues, which are summarised as follows: * Excessive bulk and scale resulting in unacceptable impacts. * Non - compliance with the rear building location zone (BLZ). * Non - compliance with minimum side setback controls * Non - compliance with desired future character statement.