Wurley Group Pty Ltd v Woollahra Municipal Council [2004] NSWLEC 696

Land and Environment Court of New South Wales

CITATION : Wurley Group Pty Ltd v Woollahra Municipal Council [2004] NSWLEC 696 APPLICANT Wurley Group Pty Ltd PARTIES : RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 10878 of 2004 CORAM: Brown C KEY ISSUES: Development Application :- demolition of an exisiting service station/car wash - erection of a new service station/convenience store and carwash/cafe - signage.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 06/12/2004 EX TEMPORE 12/06/2004 JUDGMENT DATE :

APPLICANT Mr M Sahade, solicitor

LEGAL REPRESENTATIVES: RESPONDENT Mr M Connell, solicitor SOLICITORS Michell Sillar

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

6 December 2004

10878 of 2004 Wurley Group Pty Ltd v Woollahra Municipal Council

JUDGMENT 1 This is an appeal against a deemed refusal by Woollahra Council (the council) of DA 348/2004 for demolition of an existing service station and car cleaning facilities and an erection of a new service station and a convenience store and a car wash facility and café at 759-777 New South Head Road, Rose Bay (the site). The hearing was conducted as an On Site Hearing.

2 The Court had the benefit of two Court Appointed Experts in the areas of town planning and traffic, being Mr Peter Twiney and Mr Andy Ludvik respectively. The evidence of Mr Twiney was accepted by council and further conditions proposed by Mr Twiney were accepted by the applicant.