Jacob v Leichhardt Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Jacob v Leichhardt Municipal Council [2014] NSWLEC 1140 Hearing dates:14 July 2014Decision date: 15 July 2014 Jurisdiction:Class 1Before: Tuor C Decision: 1. The appeal is dismissed.2. The development application for a single open parking space and new front fence at 1 Curtis Road, Balmain, is refused.3. The exhibits, except Exhibits 1 and A, may be returned. Catchwords: DEVELOPMENT APPLICATION - open car space. Impact on setting of dwelling, streetscape and heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2000 Category:Principal judgmentParties: Jared Patrick Jacob (Applicant) Leichhardt Municipal Council (Respondent) Representation: Ms J Reid of Wilshire Webb Staunton Beattie (Applicant) Ms R McCulloch of Pikes Lawyers (Respondent) File Number(s):10315 of 2014 JudgmentThis is an appeal under s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Leichhardt Municipal Council (council) of a development application for a single open parking space and new front fence at 1 Curtis Road, Balmain (site).The key issue in dispute between the parties is the impact of the proposal the visual setting of the existing dwelling, the streetscape and the conservation area.Site and localityThe site is located on the north eastern side of Curtis Road, near its intersection with Darling Street. It is rectangular in shape with a frontage of 7.325m to Curtis Road and an area of about 282sqm. The site is developed with a single storey...