NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Murtough v Woollahra Municipal Council [2005] NSWLEC 434
APPLICANT Christopher George Murtough
PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 10988 of 2004
CORAM: Nott C
Development Consent :- appeal in respect of two conditions of development consent for additions to a two-storey terrace house in the Paddington conservation area - (1) proposed dormer window in roof facing the street - (2) proposed two-storey addition at the rear built to the side boundary - amenity of adjoining property - streetscape - provisions of the DCP - costs KEY ISSUES:
LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97
CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167
DATES OF HEARING: 23 February and 3 August 2005
DATE OF JUDGMENT: 08/15/2005
APPLICANT Mr C Murtough, in person LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons
JUDGMENT: In THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Nott C
15 August 2005
10988 of 2004: Christoper George Murtough v Woollahra Municipal Council
JUDGMENT 1 Commissioner Nott: The applicant Mr C Murtough is the owner of a two-storey terrace with an attic room at 30 Dillon Street, Paddington. He applied to the council to carry out various alterations and additions to the terrace, and the council granted development consent by notice of determination dated 18 August 2003. However, there were two conditions of this consent that the applicant was dissatisfied with, conditions 3 and 4, and the applicant has appealed to the Court. 2 The two conditions that the applicant objected to read as follows: 3. The deletion of the front dormer window The front dormer is to be deleted as it is considered that the dormer window does not meet the objectives and guidelines of the Paddington Development Control Plan (Part 5.1.1 and Part 5.2). The drawings accompanying the Construction Certificate Application are to be amended to comply with this condition.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate