Bensen & Partner Pty Ltd v Woollahra Municipal Council [2003] NSWLEC 247

> Land and Environment Court of New South Wales

CITATION : Bensen & Partner Pty Ltd v Woollahra Municipal Council [2003] NSWLEC 247 APPLICANT Bensen & Partner Pty Ltd PARTIES : RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 10441 of 2003 CORAM: Nott C KEY ISSUES: Development Application :- proposed residential flat building containing three units - narrow lot - breach of development standard relating to frontage width - amenity impacts of overlooking and overshadowing LEGISLATION CITED: Environmental Planning and Assessment Act 1979, ss 79C and 97 Woollahra Local Environmental Plan 1995, cll 10A and 10B Megron Developments Pty Ltd v Woollahra Municipal Council [2003] NSWLEC 242; CASES CITED: Mobil Oil Australia Ltd v Baulkham Hills Shire Council [No. 2] [1971] 2 NSWLR 314; Winchester City Council v Secretary of State for the Environment (1980) 39 P&CR 1 (CA) per Lord Denning MR DATES OF HEARING: 13-15 October 2003 DATE OF JUDGMENT: 10/23/2003

APPLICANT Ms S Hill (solicitor)

RESONDENT LEGAL REPRESENTATIVES: Mr M Connell (solicitor) SOLICITORS Mitchell Sillar

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10441 of 2003 Nott C

23 October 2003

Bensen & Partners Pty Ltd Applicant v

Woollahra Municipal Council Respondent

Judgment

Overview

1 This is an appeal against the council's refusal of a development application to demolish an existing two-unit residential flat building at 642 Old South Head Road, Rose Bay, and to erect a new three-unit residential flat building. Each proposed unit has a double garage facing a common driveway that runs along the southern side boundary of the site. Above the garage level, each proposed unit has two habitable floors, with three bedrooms being on the upper floor.