Drivas v Leichhardt Municipal Council [2013] NSWLEC 1192

Land and Environment Court New South Wales

Medium Neutral Citation: Drivas v Leichhardt Municipal Council [2013] NSWLEC 1192 Hearing dates: 1 October 2013 Decision date: 01 October 2013 Jurisdiction: Class 1 Before: Brown C Decision: On submission of plans and agreed conditions that reflect the matters set out in the judgment, orders can be made in chambers that state: 1. The appeal is upheld. 2. Modification application number M/2013/52 to modify development consent number D/2011/425 for the purposes of the demolition of all existing structures and the construction of three dwellings and the subdivision of these three dwellings at 91 Louisa Road, Birchgrove is determined by approving the modifications, subject to the consolidated conditions set out in Annexure A. 3. The exhibits other than exhibits 1A, B and F can be returned. Catchwords: MODIFICATION: original approval for demolition of all existing structures and the construction of three new dwellings and the three lot subdivision modified by additional excavation for pool, deletion of view corridor between dwellings and increased carport width - further modifications address concerns of council at hearing - damage to adjoining properties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2000 Category: Principal judgment Parties: Anthoula and Helen Drivas (Applicants) Leichhardt Municipal Council (Respondent) Representation: Mr C McFadzean, solicitor (Applicants) Ms R McCulloch, solicitor (Respondent) Solicitors Shaw Reynolds Lawyers (Applicants) Pikes & Verekers Lawyers (Respondent) File Number(s): 10521 of 2013 Publication restriction: No