In and Out Pty Ltd v Woollahra Municipal Council [2005] NSWLEC 299

Land and Environment Court of New South Wales

CITATION : In and Out Pty Ltd v Woollahra Municipal Council [2005] NSWLEC 299

APPLICANT In and Out Pty Ltd

PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 11314 of 2004

CORAM: Tuor C

Development Application :- demolish an existing dwelling and construct a two-storey dwelling. impact of demolition and infill development on streetscape and conservation area KEY ISSUES: impact on residential amenity - solar access and bulk

LEGISLATION CITED: Woollahra Local Environmental Plan 1995

DATES OF HEARING: 24/05/2005 EX TEMPORE JUDGMENT DATE : 05/24/2005

APPLICANT Mr Green, solicitor of Pike Pike & Fenwick

LEGAL REPRESENTATIVES:

RESPONDENT Mr Connell, solicitor of Michell Sillar

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

24 May 2005

11314 of 2004 In and Out Pty Limited v Woollahra Municipal Council

JUDGMENT 1 This is an appeal against the refusal by Woollahra Municipal Council (council) of a development application (885/2002/1) to demolish an existing single-storey house and construct a new two-storey house at 38 Spicer Street, Woollahra (the site). The parties have agreed to seek consent orders from the Court. 2 The site is zoned Residential 2(a) under Woollahra Local Environmental Plan 1995 (LEP1995). The proposal is permissible with consent. The site is not identified as a heritage item but is within the Woollahra Conservation Area under the LEP. Clause 28 requires consideration of the extent to which demolition of the existing house and the construction of the new development would affect the heritage significance of the conservation area. 3 Woollahra Residential Development Control Plan (DCP) and the Policy for the Control of Changes to Facades and Alterations to Buildings (Façade Policy) are also relevant. The parties agreed that weight should also be given to Woollahra Heritage Area Development Control Plan 2003 (DCP 2003). 4 The hearing was conducted on-site where I heard expert evidence from: · Mr S Harding, town planner and court appointed expert · Professor R Mackay, heritage consultant and court appointed expert · Mr R Staas, heritage consultant for the applicant. 5 A statement of evidence of Mr S Wiltshire, structural engineer for the applicant, was tendered and referred to by both Mr Staas and Mr Mackay. 6 I also heard evidence from the following residents: · Mrs Carter, 36 Spicer Street · Mr G Prisk, 7 Morrell Street · Mrs J Wright, 3 Morrell Street · Ms J Burton-Taylor, 27 Spicer Street · Ms J Milne, 29 Spicer Street.