Benson McCormack Pty Ltd v Leichhardt Municipal Council [2012] NSWLEC 1062

Land and Environment Court New South Wales

Medium Neutral Citation: Benson McCormack Pty Ltd v Leichhardt Municipal Council [2012] NSWLEC 1062 Hearing dates: 27 February 2012 Decision date: 06 March 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. D/2010/85 for a first floor addition, a plunge swimming pool and a single carport is refused consent. 3. The exhibits, other than exhibits 1, 3, 4 and B, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing dwelling, height/bulk, privacy, view sharing, heritage/residential character Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Tenacity Consulting v Waringah [2004] NSWLEC 140 Pafburn v North Sydney Council [2005] NSWLEC 444 Texts Cited: Leichhardt Local Environment Plan 2000 Leichhardt Development Control Plan 2000 Category: Principal judgment Parties: Benson McCormack Pty Ltd (Applicant) Leichhardt Council (Respondent) Representation: Ms H Irish (Applicant) Mr G Green (Respondent) Shaw Reynolds Bowen & Gerathy (Applicant) Pikes Lawyers (Respondent) File Number(s): 10916 of 2011

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No D/2010/85 (the application) by Leichhardt Council (the council) for alterations and additions to an existing dwelling house, including a first floor addition, a plunge swimming pool and a carport accessed from the rear laneway at 64 Campbell Street, Balmain (the site). 2The appeal was subject to mandatory conciliation and arbitration on 27 February 2012 in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. The conciliation conference commenced on site and the Court, in the company of the parties and their experts, conducted a view of the adjacent area and neighbouring properties and heard from a number of resident objectors and supporters. 3As no agreement was reached during the conciliation phase, despite genuine attempts by both parties, the conciliation conference was terminated pursuant to s s 34AA(2)(b) and the proceedings dealt with forthwith pursuant to s 34AA(2)(b)(i) and on the basis of what occurred at the conciliation conference pursuant to s 34AA(2)(ii).