Burkhart Enterprises Pty Limited v Woollahra Council [2004] NSWLEC 46

Land and Environment Court of New South Wales

CITATION : Burkhart Enterprises Pty Limited v Woollahra Council [2004] NSWLEC 46 APPLICANT Burkhart Enterprises Pty Limited PARTIES : RESPONDENT Woollahra Council FILE NUMBER(S) : 11204 of 2003 CORAM: Watts C Development Application :- Paddington Heritage Conservation Area implications The proposed bulk and scale of the development KEY ISSUES: The potential for adverse overshadowing as a result of the proposed development and the potentially adverse visual and acoustic privacy impacts upon the adjacent properties and Provision of private open space and soft landscaping

Woollahra Local Environmental Plan 1995, (WLEP) LEGISLATION CITED: Paddington Development Control Plan, (PDCP) Environmental Planning and Assessment Act 1979, ss 79C and 97 CASES CITED: DATES OF HEARING: 10/02/2004 DATE OF JUDGMENT: 02/18/2004

APPLICANT Ms L Byrne, barrister, instructed by Ms R Burkhart

LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor instructed by Deacons

JUDGMENT: In the Land and Environment Court of New South Wales

Burkhart Enterprises Pty Limited v Woollahra Council

Judgment

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the decision of the (the council) to refuse a development application to alter and add to the rear of an existing single-storey weatherboard cottage at Lot B DP 436837, being No 1 Paddington Lane, Paddington, NSW.