Atkins v Leichhardt Council [2012] NSWLEC 1363

Land and Environment Court New South Wales

Medium Neutral Citation: Atkins v Leichhardt Council [2012] NSWLEC 1363 Hearing dates: 14 December 2012 Decision date: 14 December 2012 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2.The application under s 96 of the Environmental Planning and Assessment Act 1979 to modify development consent (D/2011/586) for alterations and additions to an existing dwelling at 15 St Andrews Street, Balmain, is refused. 3.The exhibits, except Exhibits 1 and A, may be returned. Catchwords: DEVELOPMENT CONSENT - modify development. Impact on heritage significance of heritage conservation area. Compliance with side setback. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2000 Category: Principal judgment Parties: Mr Ryan Atkins (Applicant)

Leichhardt Council (Respondent) Representation: Mr D Briggs, solicitor (Applicant)

Ms J Walsh, solicitor (Respondent) DG Briggs and Associates (Applicant)

Pikes and Verekers Lawyers (Respondent) File Number(s): 11094 of 2012

Judgment This determination was given extemporaneously and has been edited prior to publication 1COMMISSIONER: This is an appeal against the refusal by Leichhardt Council (council) of an application under s 96 of the Environmental Planning and Assessment Act 1979 (EPA Act) to modify development consent D/2011/586 for alterations and additions to an existing dwelling at 15 St Andrews Street, Balmain (site). 2The s 96 application seeks approval for a first floor addition within the side setback area of the existing dwelling. The addition will enlarge the ensuite and bathroom approved under the development consent. 3The key issue in dispute between the parties is whether the proposal will reduce the contribution of the dwelling to the heritage conservation area and impact on its significance. 4The site, its locality and the background to the proposal are in the Statement of Facts and Contentions, filed by the council, and the Statement of Facts and Contentions in Reply, filed by the applicant.