Land and Environment Court
of New South Wales
CITATION: Hammond v Leichhardt Municipal Council [2010] NSWLEC 1209 PARTIES: APPLICANT
RESPONDENT
Ronite Hammond
Leichhardt Municipal CouncilFILE NUMBER(S): 10206 of 2010 CORAM: Dixon C KEY ISSUES: DEVELOPMENT APPLICATION - SUBDIVISION :- two lot subdivision on the foreshore, allotment size, suitability of the site for the development LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Leichhardt Local Environmental Plan 2000
Leichhardt Development Control Plan 2000
Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005CASES CITED: Planit Consulting v Leichhardt Council [2008] NSWLEC 29
Segal & Anor v Waverley Council [2004] NSWLEC 363
Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75
Maxwell James Maxwell Pty Ltd & Anor v North Sydney Municipal Council(NSWLEC,13 December 1991,unreported) Stein JDATES OF HEARING: 10 and 11 June 2010
DATE OF JUDGMENT:
6 August 2010LEGAL REPRESENTATIVES: APPLICANT
Ms M Taylor
SOLICITOR
Bartier PerryRESPONDENT
Ms J Walsh
SOLICITOR
Pikes lawyers
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESDixon C
6 August 2010
JUDGMENT10206 of 2010 Ronite Hammond v Leichhardt Municipal Council
Summary
1 The applicant seeks approval of a development application for the subdivision of a waterfront site, at Lot 11 DP 1132009, known as No. 3 Tilba Ave, Balmain, into two long and narrow (4.7m wide) allotments and; the construction of a three storey dwelling with associated parking, landscaping and swimming pool on each lot.
2 Leichhardt Municipal Council has not determined this development application so this appeal pursuant to section 97 of the Environmental Planning and Assessment Act 1979 is lodged in respect of a deemed refusal of the application under section 82(1) of the Act.
3 By way of background, it was explained to me that the site is the middle lot in a three lot subdivision approved by the Court in Planit Consulting v Leichhardt Council [2008] NSWLEC 29. In this earlier proceeding the applicant agreed to the imposition of a condition requiring the amalgamation of lots 3 and 4 and the creation of three allotments extending from the street to the waterfront, each of width of about 7.5 metres.
4 The council does not support the further subdivision of lot 11 and the erection of two new dwellings on the new lots because such development would be inconsistent with the prevailing subdivision pattern of the area and an overdevelopment of the site. In council’s assessment the development’s cumulative breaches of the relevant planning controls supports a finding that the development is just not suitable for the site. It contends that the vacant site is unconstrained and has the potential to accommodate a single dwelling, which could comply with the statutory controls of the Leichhardt Local Environmental Plan 2000 (LEP 2000) and the Leichhardt Development Control Plan 2005 (DCP). Of particular concern to the Council is the precedent that would be set by an approval of…
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- Case
- [2010] NSWLEC 1209
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