Demolition & Excavation
Neighbours receive advice that removal of asbestos roof to commence 19 September 2011 (weather permitting). See photo log.
Development Application to Demolish Building (D/2009/474 and modification D/2011/156)
Development Applications D/2011/156
Item 4 BUILDING & DEVELOPMENT COUNCIL MEETING 14 JUNE 2011 - D/2011/156 74B Trafalgar Street, Annandale (PDF 580.10kB)
Modification of two dwellings approved under Development Consent D/2009/474 comprising conversion of attic space and associated internal and external alterations.
Approved at Building and Development Leichhardt Council Meeting, Tuesday 14 June 2011.
Land and Environment Court Proceedings No 10445 of 2010 Development Application No D/2009/474
Appeal was heard on 16 November 2010 - court resolved to uphold the application subject to conditions including design changes. (Letter from Leichhardt Council, 25 February 2011, received 11 April 2011)
- Proposed modification exceeds the FSR for the area
- Though the building is located on the Western side of Trafalgar Street in the Heritage Impact Statement (pdf), on page 5, "2.0 Subject Site and Surrounding Area
The site is located on the eastern side of Trafalgar Street and contains an uninviting utilitarian style building which dates from the post war era.". It was critical to this application to establish that the building was constructed after 1939, as it was within the Trafalgar Street conservation area. 
A larger building with similar facade and saw tooth roof, at 62A Trafalgar Street, was identified in 1930 Sands Directory, as the Beale & Co Timber and Paint Store and has been redeveloped as residential appartments.- 1913 Advertisement: ""KNIGHTSBRIDGE," COLLINS, and TRAFALGAR STREETS, compact, detached, Brick COTTAGE, slate, roof, 10ft verandahs on three sides, glassed-in and venetianed; 3 very large reception-rooms, 5 bedrooms, kitchen, etc, and every conceivable convenience. GARAGE, STABLING, ETC.TORRENS TITLE. 92 x 153. Garden and Lawn"
- By 1920, Weine and Co as well as Henry Weine are listed, in sands, at 3 Collins Street. While at 74 Trafalgar Street, Sands lists McAlister HC at 74 Trafalgar Street, and after Collins Street, Weine & Co. Klees Joseph T, Holder James Emmons John W and at 78 Vassali John W.
- 1926 Advertisement: Real Estate * A Quiet Week... North Annandale, factory and residence, Collins and Trafalgar streets.
74B Trafalgar Street Pty Limited v Leichhardt Council [2010] NSWLEC 1358 - Judgement Published 4 February 2011. See: www.austlii.edu.au
(09/02/2011) D/2009/474 - 74B Trafalgar Street Annandale - Amended Plans - Covering Letter (Author: Level Orange)
(09/02/2011) D/2009/474 - 74B Trafalgar Street Annandale - Amended Plans - Title Sheet (Author: Level Orange)
(09/02/2011) D/2009/474 - 74B Trafalgar Street Annandale - Amended Plans - Site / Roof Plan (Author: Level Orange)
(09/02/2011) D/2009/474 - 74B Trafalgar Street Annandale - Amended Plans - Subdivision Plan (Author: Level Orange)
(09/02/2011) D/2009/474 - 74B Trafalgar Street Annandale - Amended Plans - Architectural Plans (Author: Level Orange)
D/2009/474 (Leichhardt Council Development Application Tracking System)
Summary of Application Process to Date (4 December 2010)
The Application was lodged in November 2009 and it was refused by Council on 13 July 2010. It had been referred to the Precinct for Community Consultation at the previous council meeting. At the precinct meeting, the mayor advised, the precinct, that the Applicant had already deemed it a refusal because of the timelapse and was taking their appeal to the Land and Environment Court.
A Land and Environment Court hearing date of 14 October 2010 was set. However this was vacated when the Applicant's lawyer took leave of the case, to take up a position on the JRPP deciding on the Woolworths DA at the Southern end of Trafalgar Street. A new hearing date of 9 November 2010 was set. The applicant presented a revised proposal correcting the previously inaccurate survey of the existing building's Southern profile and associated shadow diagrams. The council and applicant's experts disagreed about the shadow the current building cast on adjoining properties.
The hearing comprised an onsite inspection and presentation of evidence, before moving to a Macquarie Street hearing room. 3 Resident Objectors gave evidence, at three sites. Evidence presented in writing included photographs of the shadow of the current building near winter solstice, how the proposed building will impact adjoining properties and an overview of the early history of the site, filling in the gaps identified by the applicant's heritage expert.
The hearing then moved inside 74b Trafalgar Street, before walking up Trafalgar Street, to 110 Trafalgar Street and back on the opposite side of the street. The author took the opportunity to mention to those present that 110 Trafalgar Street, was the site of the the Primitive Methodist School Hall, the site of the first Annandale Borough elections in 1894. The Masonic Hall replaced the school hall in the 1930s.
About an hour into the hearing at Macquarie Street, the Applicant's lawyer advised that they were putting forward new plans. There was an adjournment and Council's lawyer asked for time for Council to assess the new plans at a cost to the applicant. The commissioner seemed unhappy about this as she indicated she believed she had sufficient information to make a decisioh, however the Council was granted their request. The applicant was required to provide council with detailed documentation for the new proposal by 4pm Thursday 11 November 2010 and the hearing was adjourned to 2pm Monday 15 November 2010.
When the hearing resumed, the only point of dispute appeared to be the Roofline. The Council proposed a Parapet Roof whereas the applicant preferred a sloping roof. The roofline had material impact on adjoining properties and there was extended discussion about the impact on 3 Collins Street Sun Room. The applicant argued that the entitlement for new developments is only 3 hours solar access but 3 Collins Street solar access was only being reduced to 4 hours. The commissioner also remarked that the applicant's proposal was infact lower than the Council recommended deferred commencement. The commissioner then said she would deliver her decision at 1pm the next day.
The hearing was a Merit Appeal in which the commissioner arbitrated between the Council and the Applicant - other parties may join, but did not (more info EDO Website). The commissioner only arbitrated or decided on points where there was a difference of opinion between the Council and the Applicant's experts. Council did not oppose demolition as their expert claimed the building was constructed in 1945. The Applicant's Heritage Consultant argued it was built in 1942 and presented an aerial photo showing it in 1943.
Verbal and Written evidence of a 1913 real estate advertisement for a factory and residence, subsequent job advertisements and the location of the pre-1900 sewer line as evidence of the buildings earlier existence, by the author as a resident objector, did not carry weight given the position of the Council and Applicant's experts.
The commissioner stated that as neither the Applicant nor Council opposed demolition, the Commissioner would not Decide on this. She Decided to uphold the appeal in favour of the applicant's new proposal to excavate to lower the two victorian/edwardian terraces by 900mm. It is expected that Commissioner Tuor's Decision, with appendix of conditions, will be published at Decisions for the Land and Environment Court (LEC).
Land and Environment Court, Appeal
- 74B Trafalgar Street Pty Limited v Leichhardt Council [2010] NSWLEC 1358 (Last updated 4 February 2011)
Decision to Uphold the Appeal, with conditions, was given at 1pm Tuesday 16 November 2010. Full text of Judgement expected to be published at Decisions for the Land and Environment Court (LEC) in 3-4 weeks.
- Hearing adjourned to 2pm Monday 15 November 2010
- "COMMISSIONER TUOR COURT 3A HEARING COMMENCE @ 12 NOON - ONSITE VIEW @ 9:30AM 10/10445 74B TRAFALGAR STREET PTY LTD -V- LEICHHARDT COUNCIL" - The Land and Environment Court of New South Wales Daily Court Lists Court List for Date: 09/11/2010 [Update 29 Nov 2020: Judgement now available at https://www.caselaw.nsw.gov.au/decision/549f94673004262463afbe6e
- Background
- Commissioner Tuor: 18 October 2008 Paper on The keys to effective pre trial and hearing preparation and presentation of merit appeals - Section 34 Conciliation Conferences - Paper_EPLA2008_Tuor.doc
- ABOUT THE LAND AND ENVIRONMENT COURT
- Decisions for the Land and Environment Court (LEC)
- On Site Hearing 9.30am Tuesday 9 November 2010 [rescheduled from 14 October 2010]
BUILDING & DEVELOPMENT COUNCIL MEETING 13 July 2010
D/2009/474 was item 7 on the Agenda. - the main issued identified were Streetscape, Amenity - height, bulk and scale, overshadowing and privacy. Recommendation was deferred Commencement Approval.
The Applicant had indicated they were unwilling to agree to the council required design changes and after one neighbour spoke and delivered the apologies of another. The Council voted unanamously to reject the application.
BUILDING & DEVELOPMENT COUNCIL Supplementary Report(07/07/2010)
The application was considered at the Precinct Committee meeting on 5 July 2010.
The [unconfirmed] minutes in relation to this item are as follows:
"Council should defend the deemed refusal for the DA at 74 B Trafalgar St Annandale on the basis of it being in a Conservation area, and the heritage significance of the building (post WW1 industrial style with saw-toothed roof for provision of natural light--and its "Arte Nouveau" interior [Reference should be to Art Deco facade rather than "Arte Noveau interior" ] as well as its additional social and cultural heritage value. The bulk and scale of the proposed building, with its overshadowing of adjoining properties, is also unacceptable. Council should refuse any future request for demolition of the existing building."
Matters of heritage and demolition of the existing building have been addressed within the Development Assessment report and are considered satisfactory.
Subject to appropriate conditions of consent, including the modification and lowering of the roof profile, the proposal is also considered to be of acceptable bulk and scale.
Overshadowing is discussed below.....
3. CONCLUSION
Given that some discrepancies have been found with the current shadow diagrams submitted to Council which primarily relate to the rear courtyards of the proposed dwellings upon the subject site rather than the adjoining properties to the south, the applicant be requested to provided accurate shadow diagrams prior to determination of the application.
4. RECOMMENDATION
Development Application D/2009/474 for demolition of existing buildings, remediation of the site and construction of two (2) new dwellings and associated works, including boundary adjustment 74B Trafalgar Street, Annandale be deferred until such time as accurate shadow diagrams have been submitted and assesed by Council officers.
Precinct Meeting 5 July 2010
Mayor Parker informed the meeting, that Development Application: 74B Trafalgar Street ANNANDALE NSW 2038: Demolition of existing buildings, remediation of the site and construction of two (2) new dwellings and associated works, including boundary adjustment had been deemed to have been rejected by the Council and that the Applicant was now taking the application to the Land and Environment Court. Neighbours present at the Precinct Meeting voted that council should defend the rejection on a number of grounds.
Council Meeting (8 June 2010)
"Agenda Item 11 D/2009/474
Address: 74B Trafalgar Street Annandale
Description: Demolition of existing buildings, remediation of the site and
construction of two (2) new dwellings and associated works,
including boundary adjustment.
Applicant: C Salim
BDC 76/10 RESOLVED PARKER/HOWISON
That the application be deferred for consultation with the Precinct Committee and
neighboring residents and a external review of the Shadow Diagrams be undertaken.
The Application is to be brought back to the next Building and Development Meeting.
CARRIED UNANIMOUSLY" - June 2010 Minutes (958.56kB)
After the mayor conveyed the concerns of a neighbour, who could not attend, and had contacted him, 3 other neighbours spoke, along with the secretary of the Precinct. Crs Porteus and Hanaford noted that the mix of industrial and residential activities, was a key feature of the Leichhardt LGA and that Council should not approve the rezoning lightly. Cr Porteus asked whether there had been any consideration of Adaptive Use of the Building. Cr Kogoy commented that he quite liked the facade of the existing building and its place in the streetscape.
Three motions were put - approval, if shadow diagrams proved accurate, rejection and deferment. After the rejection and approval motions were defeated, the vote on the motion by Mayor Parker, seconded by Cr Howinson, to defer a decision to the next council meeting and for the community and applicant to attempt to come to a consensus at a precinct meeting, was unanimous.
Report to BUILDING AND DEVELOPMENT COUNCIL JUNE 2010
Precinct Meeting (7 June 2010)
"DA 74B Trafalgar St – a 2 town house development. This matter has been brought to the Council’s Development & building Committee 8th June for decision. Concerns still exist re overshadowing of neighbours & privacy impacts; it is subject to SEPP 1 decision as it is over the 0.6 FSR for Annandale" - minutes Annandale Precinct Meeting – 7/12/09
DA 74B Trafalgar St was discussed & the following issues were raised – the building should be heritage listed because of its past as a sound studio & its association with icon Australian band which used it, overshadowing, the FSR, impact on neighbours & affect on adjoining sites, & matters related to demolition
There was a consensus at the meeting, that the replacement of the 1930s saw tooth factory with two large pastiche 2010 Terraces was undesirable. The scale of the new building adversely affected the neighbours to the South, in particular and would change the street scape. Cr Howinson was present and advised that she would seek to defer the decision on the application, at the Council meeting the following evening.
Development Application D/2009/474 seeks to demolish 74B Trafalgar Street.
Remediation of the site, demolition of existing buildings and construction of two (2) new dwellings with torrens title subdivision. This application relies on a SEPP No.1 objection to floor space ratio. Exhibition Closes: 14/01/10- Applications on Exhibition (8 Dec 09)
"Management of Heritage Values
Generally
This is a conservation area. Little change can be expected other than modest
additions and discrete alterations. Buildings which do not contribute to the
heritage significance of the area may be replaced with sympathetically designed
infill.
Retain
• All pre-1939 buildings and structures because they are important to
understanding the history of the growth of this suburb." - Godden Mackay Logan Heritage Consultants, Review of Leichhardt Municipality Heritage Conservation Areas January 2004 (Area 18 - Annandale Heritage Conservation Area (PDF 72.16kB))
