Hollman Enterpise Pty Ltd v Leichhardt Municipal Council

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 2015Decision date: 20 January 2015 Jurisdiction:Class 1Before: 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 judgmentParties: 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 2014Judgment 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 Strata subdivision of the development was originally proposed however was withdrawn and no longer forms part of the application. The application has not been determined by the council and the applicant is appealing its deemed refusal. The site and locality 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. The site has an angled frontage...