Wherry v Leichhardt Council [2011] NSWLEC 1312

Land and Environment Court New South Wales

Medium Neutral Citation: Wherry v Leichhardt Council [2011] NSWLEC 1312 Hearing dates: 28 September 2011 Decision date: 28 September 2011 Jurisdiction: Class 1 Before: Hussey C Decision: Consent Orders: (1)The appeal be upheld (2)Modification application No M/2010/169 made pursuant to s 96 Environmental Planning and Assessment Act 1979 to modify Development Consent No D/2006/605 in relation to premises at 7 Little Edward Street, Balmain be approved subject to the conditions contained in Annexure A hereto. (3)The exhibits be returned except 1, 2, A, E and F. Catchwords: Development application: extension of elevated parking platform, view, privacy and acoustic impacts. Legislation Cited: Environmental Planning and Assessment Act 1979 Leichhardt LEP 2000 Leichhardt DCP 2000 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Category: Principal judgment Parties: Lynette Wherry (Applicant)

Leichhardt Council (Respondent) Representation: Mr D Loether (Applicant)

Ms R McCulloch (Respondent) File Number(s): 10602 of 2011

Judgment 1This appeal was lodged against council's refusal of a s 96 application to modify a consent at 7 Little Edward Street, Balmain East. 2The modification proposed the extension of the existing elevated car parking platform so as to create a tandem parking space for two vehicles. This space is adjacent to the rear boundary with 4 and 6 William Street. 3A detailed statement of facts and contentions together with reply were filed and the contentions initially identified concerned amenity impacts on the adjoining properties at 4 and 6 William Street, in particular loss of views, privacy and possible acoustic impacts. The second issue concerned potential unreasonable impacts arising from increased vehicular movements in Little Edward Street due mainly to the narrow width of existing roads. 4During the lead-up to the appeal there has been further conferencing between the parties resulting in agreement to some amendments to the proposals, which involved a lowering of the parking platform to maintain views and deletion of the carport component over the parking extension, again to minimise view losses particularly for 6 William Street. 5As a result of this conferencing the parties now agree to consent orders, which include conditions that would limit the type and size of vehicle that could access the new parking space. Consequently, the consent orders were notified and the objectors on behalf of No 6 were given the opportunity to express their concerns. This property was visited on the site inspection today. 6I rely on the details in the statement of facts and contentions, which includes the following details.