Morad v Inner West Council [2019] NSWLEC 1005

Land and Environment Court New South Wales

Medium Neutral Citation: Morad v Inner West Council [2019] NSWLEC 1005 Hearing dates: 10-11 December 2018 Date of orders: 31 January 2019 Decision date: 31 January 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. DA 2017/557 for alterations and additions to the existing dwelling and boathouse at 14 Clifton Street, Balmain East is refused (3) The exhibits, other than Exhibits A, B, K, 1 and 7 are returned. Catchwords: DEVELOPMENT APPLICATION - heritage item; heritage significance; stormwater Legislation Cited: Environmental Planning and Assessment Act 1979 Leichhardt Local Environment Plan 2013 State Environmental Planning Policy No.55 State Environmental Planning Policy (Coastal Management) 2018 Cases Cited: Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Vigor Master Pty Limited v Warringah Council [2011] NSWLEC 1096 Texts Cited: National Construction Code Category: Principal judgment Parties: Mohammad Morad (Applicant) Inner West Council (Respondent) Representation: Counsel: M Seymour (Applicant)

Solicitors: Dentons (Applicant) M Bonanno, Inner West Council (Respondent) File Number(s): 2018/00012287 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 2017/557 for alterations and additions to the existing dwelling and boathouse at 14 Clifton Street, Balmain east (the site) by Inner West Council (the Council). 2. Mr Mohammed Morad is the owner of the site which comprises Lot 1 DP 1100371; Lot 1 DP 68016; Lot 2 DP 66363, and Lease Lot Lease Plan LH2020 in DP 441489 with a site area of 818 square metres. The site contains a primary dwelling house, a separate two-storey boathouse and slipway which is described as Heritage Item 'I363' in Schedule 5 of the Leichhardt Local Environment Plan 2013 (LLEP). 3. The site falls steeply to meet the foreshore of Sydney Harbour, and lies within a heritage conservation area.