Cuthbert and Rowe v Woollahra Municipal Council [2004] NSWLEC 373

Land and Environment Court of New South Wales

CITATION : Cuthbert and Rowe v Woollahra Municipal Council [2004] NSWLEC 373 APPLICANT Scott Gordon Cuthbert and Belinda Rowe PARTIES : RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 10279 of 2004 CORAM: Murrell C KEY ISSUES: Development Application :- alterations and additions - construction of a new garage LEGISLATION CITED: CASES CITED: DATES OF HEARING: 27/05/2004 EX TEMPORE 06/01/2004 JUDGMENT DATE :

APPLICANT Mr P Tomasetti, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr M Connell SOLICITORS Michell Sillar

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

1 June 2004

10279 of 2004 Scott Gordon Cuthbert and Belinda Rowe v Woollahra Municipal Council

JUDGMENT This determination was given extemporaneously and it has been edited prior to publication 1 This matter that came before me as consent orders last Thursday. The Court met on-site with the parties and the council advised its concerns had been overcome by amended plans and that the applicant. It was noted on the view that the original objectors to the proposal being the two neighbours: Mr and Mrs White of 34 Bathurst Street; and the adjoining neighbours to the south, Mr and Mrs Harvey, that their concerns had also been taken into consideration with the amended plans.

2 The proposal is for the alterations and additions to the existing property known as 39 Bathurst Street, Woollahra. The alterations and additions are for an upper level to the dwelling, which is well set back from the street level and for the excavation of the existing front boundary wall to provide a double garage for the premises, and some landscaping and a rooftop area to that garage.