Raymond & Kennedy v Woollahra Municipal Council [2004] NSWLEC 286

Land and Environment Court of New South Wales

CITATION : Raymond & Kennedy v Woollahra Municipal Council [2004] NSWLEC 286 APPLICANT Raymond & Kennedy PARTIES : RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 10824 of 2003 CORAM: Tuor C. KEY ISSUES: Development Application :- Residential Flat Building Impact on Residential Amenity LEGISLATION CITED: Woollahra Local Environmental Plan 1995 CASES CITED: DATES OF HEARING: 18/12/2003 and 19/02/2004 DATE OF JUDGMENT: 05/28/2004

APPLICANT Mr G Green Solicitors Pike, Pike & Fenwick

LEGAL REPRESENTATIVES: RESPONDENT Mr M Connell Solicitors Michell Sillar

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10824 of 2002

Tuor C

28 May 2004

Raymond & Kennedy Applicant v

Woollahra Municipal Council Respondent

Judgment

Introduction

1 This is an appeal against the refusal by Woollahra Municipal Council (the council) of a development application for a residential flat building at 42 Bundarra Road, Bellevue Hill. The site and its context

2 The site is located on the south western side of Bundarra Road. It is rectangular in shape with an area of 696.7 m2, a frontage to Bundarra Road of 15.24m and a depth of 45.72m. The site falls approximately 8m from the rear towards Bundarra Road. It has a single story house setback above the street and a single garage built into the site at the street front. There is vegetation around the perimeter of the site, including a row of pine trees along the street front.