Di Jones Real Estate v Woollahra Municipal Council [2004] NSWLEC 10

Land and Environment Court of New South Wales

CITATION : Di Jones Real Estate v Woollahra Municipal Council [2004] NSWLEC 10 APPLICANT Di Jones Real Estate PARTIES : RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 10682 of 2003 CORAM: Tuor C. Development Application :- KEY ISSUES: Heritage conservation area - incentive clause impact on residential amenity parking and traffic LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995 CASES CITED: DATES OF HEARING: 16/10/2003 and 17/10/2003 DATE OF JUDGMENT: 01/20/2004

APPLICANT Mr A Pickles (Barrister) SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT Mr M Connell SOLICITORS Michell Sillar

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10682 of 2003

Tuor C

20 January 2004

Di Jones Real Estate 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 change of use to commercial (real estate agency) of an approved residential dwelling at unit 4, 109A Jersey Road, Woollahra.

The site and its context 2 The site is located on a prominent corner at the junction of Moncur Street and Jersey Road. It is occupied by a former church, which was built in 1877. The church ceased operation in 1987 and was extensively damaged by fire in 1989. It remained vacant for a number of years until it was converted to its current residential use. Unit 4 occupies that part of the building that was the main entrance to the church. The building is a heritage item and is within a conservation area. 3 The surrounding area is mainly residential interspersed with a number of shops and other commercial uses.