Hollman Enterpise Pty Ltd v Leichhardt Municipal Council [2015] NSWLEC 1007

Land and Environment Court New South Wales

Medium Neutral Citation: Hollman Enterpise Pty Ltd v Leichhardt Municipal Council [2015] NSWLEC 1007 Hearing dates: 12-13 January 2015 Decision date: 20 January 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Development Application: conversion of warehouse to residential units, bulk, scale, streetscape Legislation Cited: Leichhardt Local Environmental Plan 2013 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827; Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Hollman Enterprise Pty Ltd (Applicant) Leichhardt Municipal Council (Respondent) Representation: Counsel: Mr C Shaw (Applicant) Ms R McCulloch (Respondent) Solicitors: Swaab Attorneys (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 10476 of 2014

Judgment 1. Hollman Enterprise lodged Development Application D/2014/156 with Leichhardt Council on 7 April 2014 seeking consent for partial demolition of an existing warehouse and construction works to create a residential development consisting of 3 townhouses. Strata subdivision of the development was originally proposed however was withdrawn and no longer forms part of the application. 2. The application has not been determined by the council and the applicant is appealing its deemed refusal.

The site and locality 1. The site is known as No 2-8 Curtis Road, Balmain and is located on the south western side of the road between Darling and McDonald Streets. McDonald Lane provides opportunity for vehicular and pedestrian access to the site and a number of commercial properties to the west and south of the site that front Darling Street. 2. The site has an angled frontage to Curtis Road of approximately 22.5m and site area of 382.4sqm. A two storey brick industrial building is currently located on the site. Three driveway crossings service roller shutter doors within the front façade of the building. 3. An approximately two metre crossfall from the south western boundary to the north eastern corner applies over the site. 4. St Andrews Congregational Church adjoins the site to its immediate south and stands on a large triangular shaped lot. The church and its buildings are listed heritage items. 5. A two storey dwelling fronting Curtis Road (No 10) adjoins the site to its north and four terrace houses abut the site's western boundary. Those terraces have frontage to McDonald Street. Opposite the site are a number of single and two storey attached and detached dwelling houses.