Singer v Leichhardt Council [2015] NSWLEC 1025

Land and Environment Court New South Wales

Medium Neutral Citation: Singer v Leichhardt Council [2015] NSWLEC 1025 Hearing dates: 10 February 2015 Decision date: 20 February 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Development application, impact on adjoining properties, views, overshadowing, bulk and scale Legislation Cited: Leichhardt Local Environmental Plan 2013; 19 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004; Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005; State Environmental Planning Policy No 55 – Remediation of Land; Land and Environment Court Act 1979; Environmental Planning and Assessment Act 1979 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Leichhardt Development Control Plan 2013 Category: Principal judgment Parties: Paul Singer (Applicant) Leichhardt Council (Respondent) Representation: Counsel: Mr A Galasso (Applicant)

Solicitors: Mr M Sonter Gadens Lawyers (Applicant)

Mr M Bonanno, Leichhardt Council File Number(s): 10905 of 2014

Judgment 1. Mr Singer lodged Development Application D/2014/383 with Leichhardt Council on 30 July 2014 seeking consent to demolish an existing dwelling house and construct a new dwelling at No 18 Gow Street, Balmain. The application remains undetermined and Mr Singer is appealing its deemed refusal. 2. The issues in the case are whether the built form is appropriate in terms of its bulk, height and scale and whether the impacts of the development on the streetscape and adjoining properties, particularly in relation to overshadowing and view loss, are appropriate.