Fjalling v Woollahra Municipal Council [2022] NSWLEC 1238

Land and Environment Court New South Wales

Medium Neutral Citation: Fjalling v Woollahra Municipal Council [2022] NSWLEC 1238 Hearing dates: 2 May 2022 Date of orders: 06 May 2022 Decision date: 06 May 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) The exhibits, other than Exhibits 1 and A, are returned. Catchwords: DEVELOPMENT CONTROL ORDER – appeal against a development control order to demolish works – heritage conservation area – remove and replace unsympathetic and contemporary front door and remove unsympathetic external architrave around the first floor French doors on the primary façade of the terrace Legislation Cited: Environmental Planning and Assessment Act 1979 ss 1.4, 8.18, 9.34, Pt 1, Sch 5, Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 cl 2.53 Woollahra Local Environmental Plan 2014 cl 5.10, Sch 5, Pt 2 Texts Cited: Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Eleonor Fjalling (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Self-represented (Applicant) J Ede (Solicitor) (Respondent)

Solicitors: Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2021/307548 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.18(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against Development Control Order 194/2021, being a "Demolish Works Order", (the Order), issued on 5 October 2021 by Woollahra Municipal Council (the Council) to Dr E Gorczynska-Fjalling, under s 9.34(1)(a) and cl 3 of Pt 1 to Sch 5 of the EPA Act. The terms of the Order are as follows: 1. To remove and replace the unsympathetic and contemporary front entrance door with an appropriate style door in keeping with the heritage requirements of Chapter C1 of the Woollahra Development Control Plan 2015. Please refer to the examples of acceptable replacement doors and details of door features considered appropriate as recommended by Council's Heritage Officer which can be found in the Annexure of this Development Control Order 194/2021. 2. To remove the unsympathetic external architrave around the first floor French doors along the primary façade of the subject terrace facing Paddington Street. 1. The period of time to comply with the Order was 45 days from the date of the Order. 2. The appeal was subject to conciliation on 25 February 2022, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached, the conciliation conference was terminated, pursuant to s 34(4) of the LEC Act.