Event and Time
Event Description
The case involves a development application (DA 2020/0466) for the demolition of existing structures, Torrens title subdivision into two lots, and construction of attached two-storey dwellings at 95 Allen Street, Leichhardt. An appeal has been brought against the Council's deemed refusal of this application.
Application and Claims
- Applicant: Joseph Younis, owner of 35 Allen Street, Leichhardt.
- Respondent: Leichhardt Municipal Council.
- Legal Basis: Appeal under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act).
- Claims: The applicant claims the right to subdivide and construct dwellings on their property, while the Council had previously refused the development application based on identified contentions.
Judicial Decisions
The court, presided over by Acting Commissioner P Rappoport, granted the following decisions: 1. The Applicant is granted leave to amend development application DA 2020/0466 and utilize the amended plans. 2. The appeal against the Council's refusal is upheld. 3. The development application is approved with specified conditions.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- Ownership of the site and proper lodgment of the application. - Provisions of the Local Environmental Plan (LEP) that permit the subdivision and construction of attached dwellings in the designated R1 General Residential zone. - Reachable amendments to the initial application addressed issues raised by the Council, showing compliance with requirements.
- Respondent's Counterarguments:
- Initially refused the application citing nine contentions regarding concerns over the impact of the development. - Concerns about drainage (identified as Issue 7), which required additional conditions to be acceptable.