Donald v Leichhardt Council [2012] NSWLEC 1326

Land and Environment Court New South Wales

Medium Neutral Citation: Donald v Leichhardt Council [2012] NSWLEC 1326 Hearing dates: 26 November 2012 Decision date: 29 November 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Modification application M/2011/193 for a double garage in the front setback of 20 Wharf Road, Birchgrove is approved, subject to the conditions in Annexure A. 3. The exhibits, other than exhibit 2, are returned. Catchwords: MODIFICATION APPLICATION: application to modify consent for a single garage in the front setback to a double garage. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Mr Jonathan Donald (Applicant) Leichhardt Council (Respondent) Representation: Mr Ashley Stafford (Barrister) (Applicant) Ms Roslyn McCulloch (Solicitor) (Respondent) Solicitors Pikes and Verekers Lawyers (Respondent) File Number(s): 11067 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97AA of the Environmental Planning and Assessment Act 1979 against the refusal of Modification Application No. M/2011/193 (the proposal) by Leichhardt Council (the Council) to modify an existing consent for a single garage by extending the sandstone wall 2.93 m along the road frontage to create a double garage, at 20 Wharf Road, Birchgrove (the site). 2The appeal was subject to mandatory conciliation on 26 November 2012, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. As no agreement was reached during the conciliation phase, the conciliation conference was terminated pursuant to s34AA(2)(b) and the proceedings dealt with forthwith pursuant to s 34AA(2)(b)(i). The parties consented to the admission of evidence given during the conciliation conference in the hearing, pursuant to s 34(12) LEC Act.