Jacob v Leichhardt Municipal Council [2014] NSWLEC 1140

Land and Environment Court New South Wales

Medium Neutral Citation: Jacob v Leichhardt Municipal Council [2014] NSWLEC 1140 Hearing dates: 14 July 2014 Decision date: 15 July 2014 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for a single open parking space and new front fence at 1 Curtis Road, Balmain, is refused. 3. The exhibits, except Exhibits 1 and A, may be returned. Catchwords: DEVELOPMENT APPLICATION - open car space. Impact on setting of dwelling, streetscape and heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2000 Category: Principal judgment Parties: Jared Patrick Jacob (Applicant)

Leichhardt Municipal Council (Respondent) Representation: Ms J Reid of Wilshire Webb Staunton Beattie (Applicant)

Ms R McCulloch of Pikes Lawyers (Respondent) File Number(s): 10315 of 2014

Judgment 1This is an appeal under s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Leichhardt Municipal Council (council) of a development application for a single open parking space and new front fence at 1 Curtis Road, Balmain (site). 2The key issue in dispute between the parties is the impact of the proposal the visual setting of the existing dwelling, the streetscape and the conservation area.

Site and locality 3The site is located on the north eastern side of Curtis Road, near its intersection with Darling Street. It is rectangular in shape with a frontage of 7.325m to Curtis Road and an area of about 282sqm. The site is developed with a single storey 'inter war' detached brick dwelling which is set back from the front boundary. There dwelling is about five metres wide and built close to its boundary with 1A Curtis Road and set back with a pedestrian path from its other side boundary. The front setback area is mainly grass with a garden bed and a brick front fence in the same style as the house. 4Adjoining development is a part one part two storey dwelling with a hardstand area forward of the building line (1A Curtis Road) and a two storey dwelling with a hardstand area for two cars forward of the building line (215A Darling Street). St Andrews Congregational Church is located opposite the site. 5Development in Curtis Road is predominantly residential with a mix of one and two storey Victorian and early Federation dwellings with limited off street parking. Darling Street is the main commercial/retail strip.