Todd Buncombe v Leichhardt Council

Land and Environment Court New South Wales Case Name:  Todd Buncombe and Anor v Leichhardt Council Medium Neutral Citation:  [2016] NSWLEC 1093 Hearing Date(s):  4 March, 2016 Date of Orders: 16 March 2016 Decision Date:  16 March 2016 Jurisdiction:  Class 1 Before:  Smithson AC Decision:  1. The appeal is upheld 2. Consent is granted to development application DA D2/2015/472 for alterations and additions to the existing dwelling, including new pool, reconstruction of the existing garage and boatshed at 7 Gallimore Avenue, East Balmain subject to the conditions in Annexure A 3. The exhibits, except Exhibits A, 1 (A3 version only), 2, 3, and 6, are returned Catchwords:  DEVELOPMENT APPLICATION: alterations and additions, works to a cottage in a conservation area, heritage, view impacts from waterway, excavation, demolition or alterations, resident objections Legislation Cited:  Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Leichhardt Local Environmental Plan 2013 Category:  Principal judgment Parties:  Todd Buncombe and Anor v Leichhardt Council Representation:  Counsel: Mr A Galasso SC (Applicant)   Solicitors: Mr Whealy, Mills Oakley Lawyers (Applicant) Mr Bonnano, Leichhardt Council (Respondent) File Number(s):  11158 of 2015 Publication Restriction:  No JUDGMENTACTING COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act against the deemed refusal by Leichhardt Council (the Council) of Development Application D/2015/472 (the application). The application is for substantial alterations and additions to an existing dwelling, including new pool, and reconstruction of the existing garage and boatshed at 7 Gallimore Avenue,...