CSA Architects Pty Ltd v Woollahra Municipal Council [2004] NSWLEC 303

Land and Environment Court of New South Wales

CITATION : CSA Architects Pty Ltd v Woollahra Municipal Council [2004] NSWLEC 303 APPLICANT CSA Architects Pty Ltd PARTIES : RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 10240 of 2004 CORAM: Moore C Development Consent :- KEY ISSUES: Measurement of height Impact on views . Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan LEGISLATION CITED: State Environmental Planning Policy No. 1 Woollahra Residential Development Control Plan . Tenacity Consulting v Warringah 2004 NSW LEC 140; CASES CITED: Zhang v Canterbury City Council 115 LGERA 373; . DATES OF HEARING: 9 June 2004 EX TEMPORE 06/09/2004 JUDGMENT DATE :

APPLICANT Ms M-L Taylor, solicitor Taylor Kelso LEGAL REPRESENTATIVES: RESPONDENT Mr M Connell, solicitor Michell Sillar

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

9 June 2004

10240 of 2004 CSA Architects Pty Ltd v Woollahra Municipal Council

Judgment

1 These proceedings commenced as an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 against the deemed refusal by Woollahra Municipal Council (the council) of development application 9701/03 for alterations and additions to an existing dwelling house located 81A Victoria Road, Bellevue Hill. The application was subsequently determined by the council refusing it by notice of determination made on 21st April 2004.