Wang v Woollahra MC [2006] NSWLEC 106

Land and Environment Court of New South Wales

CITATION : Wang v Woollahra MC [2006] NSWLEC 106

APPLICANT James Wang PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 11310 of 2005

CORAM: Hussey C

KEY ISSUES: Appeal :- s 96 Modification application for the construction of a 3-storey dwelling - excavation - boundary fence

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan Woollahra Residential Development Control Plan 2003

DATES OF HEARING: 30/01/2006 and 06/02/2006

DATE OF JUDGMENT: 03/08/2006

APPLICANT Mr J. Wang, litigant in person LEGAL REPRESENTATIVES: RESPONDENT Mr M. Connell, solicitor for Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

8 March 2006

11310 of 2005 James Wang v Woollahra Municipal Council

JUDGMENT Background. 1 This appeal was lodged against council's refusal of a s96 Modification application, concerning the construction of a new 3-storey house at No. 9 Dunara Gardens, Point Piper.

2 The development application proposed the demolition of an older style dwelling on the site and replacement by the new 3-storey dwelling. It included a lower floor level containing a pool, sauna and plant area.

3 Development consent was granted by Council on 14 June 2005 to the proposal, subject to 64 conditions including:

2. Deletion of lower ground floor level. The lower ground floor level (containing pool, sauna, pool plant area, AC area, and bathroom) is to be deleted. Details are to be provided with the application for Construction Certificate.