Peddle Thorp and Walker Architects Pty Limited v Woollahra Municipal Council [2000] NSWLEC 279

Land and Environment Court of New South Wales

CITATION : Peddle Thorp and Walker Architects Pty Limited v Woollahra Municipal Council [2000] NSWLEC 279 APPLICANT: Peddle Thorp and Walker Architects Pty Limited PARTIES : RESPONDENT: Woollahra Municipal Council FILE NUMBER(S) : 10614 of 2000 CORAM: Bignold J KEY ISSUES: Development :- existing use of Art Gallery - proposed intensification - resident objections -conditions of consent to protect residential amenity LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97, s 106 CASES CITED: DATES OF HEARING: 24-25/10/00 DATE OF JUDGMENT: 12/22/2000

APPLICANT: Mr T S Hale, SC SOLICITORS Freehill Hollingdale and Page LEGAL REPRESENTATIVES: RESPONDENT: Mr J A Ayling, Barrister SOLICITORS Michell Sillar

JUDGMENT: IN THE LAND AND Matter No . 10614 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 22 December 2000

PEDDLE THORP AND WALKER ARCHITECTS PTY LIMITED

Applicant

v

WOOLLAHRA MUNICIPAL COUNCIL

Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION 1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 (the EP&A Act) against the determination of the Council refusing development consent to an application for a building addition to an existing commercial development known as the "Sherman Gallery" situate at premises known as Nos 16, 18 and 20 Goodhope Street, Paddington (the development site).