CSA Architects Pty Ltd v Woollahra Municipal Council [2005] NSWLEC 130

Land and Environment Court of New South Wales

CITATION : CSA Architects Pty Ltd v Woollahra Municipal Council [2005] NSWLEC 130

APPLICANT CSA Architects Pty Limited

PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 11421 of 2004

CORAM: Tuor C.

Development Application :- residential flat building SEPP 1 objection - height KEY ISSUES: impact on residential amenity Adequacy of drainage

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan 1995 State Environmental Planning Policy No 1

CASES CITED: Billgate Pty Ltd v Woollahra Municipal Council 2004 NSWLEC 436

DATES OF HEARING: 17, 18 and 28/02/2005

DATE OF JUDGMENT: 03/02/2005

APPLICANT Mr D Baird, solicitor Maddocks Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr J Bingham, solicitor Deacons

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

2 March 2005

11421 of 2004 CSA Architects Pty Limited v Woollahra Municipal Council

JUDGMENT 1 This is an appeal against a deemed refusal by Woollahra Municipal Council (the council) of a development application (DA 651/2004) to construct a residential flat building comprising three by four bedroom apartments and parking for six cars at 159 Victoria Road, Bellevue Hill (the site).

2 A previous application (DA 827/2003) for a similar development was approved by council on 19 January 2004. The approved development, which has commenced, involved extensive excavation and was lower than the current proposal.