Kiprovski v Leichhardt Council [2014] NSWLEC 1086

Land and Environment Court New South Wales

Medium Neutral Citation: Kiprovski v Leichhardt Council [2014] NSWLEC 1086 Hearing dates: 12 May, 2014 Decision date: 15 May 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. D/2013/534 for alterations and additions to an existing dwelling is refused. 3. The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to a Victorian terrace house; impact on the heritage significance of the Balmain Conservation Area. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Category: Principal judgment Parties: Michelle Kiprovski (Applicant) Leichhardt Council (Respondent) Representation: Mr G. McKees Solicitor (Applicant) Ms R. McCulloch Solicitor (Respondent) McKees Legal Solutions (Applicant) Pikes & Verehers Lawyers (Respondent) File Number(s): 10128 of 2014

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. D/2013/534 for alterations and additions to an existing dwelling (the proposal) at 21 Davidson Street, Balmain (the site), by Leichhardt Council (the Council).

Issues 2The Council's contentions in the matter can be summarised as: * The proposal is an unacceptable, inauthentic alteration and addition to a contributory building and will have a detrimental impact on the heritage significance of the Balmain Conservation Area; * The proposal has unacceptable amenity impacts on neighbouring properties. 3The applicant disputes deferred commencement conditions of consent 1(a) to (d) (exhibit 6) requiring on site detention or on site retention for rainwater reuse, on the basis that there is no increase to the impervious area of the site and deferred commencement condition of consent 2 requiring a note to be added to the architectural documentation that walls shown solid black are being retained, on the basis that it is not necessary. 4The applicant accepts the deferred commencement conditions of consent 3 to 5, requiring a Geotechnical Report, Structural Engineering certification and amended plans and submits that these conditions need not be deferred commencement conditions, but should be included in the conditions of consent as requirements prior to the release of a construction certificate.