Dale v Woollahra MC [2006] NSWLEC 86

Land and Environment Court of New South Wales

CITATION : Dale v Woollahra MC [2006] NSWLEC 86

APPLICANT Brett Anthony Dale and PARTIES : Emma Claudine Dale

RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10633 of 2005

CORAM: Hoffman C

Development Application :- To demolish a house and erect a new house - floor space ratio - loss of harbour views for the neighbours and general public - streetscape - bulk and scale - landscaping KEY ISSUES: shadows location of garages.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan 1995 Woollahra Residential Development Control Plan 2003

CASES CITED: Tenacity v Warringah MC [2004] NSWLEC 117

DATES OF HEARING: 12/12/2005

DATE OF JUDGMENT: 03/02/2006

APPLICANT Mr I. Hemmings, barrister instructed by Mr A. McMurran, solicitor LEGAL REPRESENTATIVES: of Heidtman & Co. RESPONDENT Mr M. Connell, solicitor of Home Wilkinson Lowry Lawyers incorporating Michell Sillar

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

2 March 2006

10633 of 2005 Brett Anthony Dale and Emma Claudine Dale v Woollahra Municipal Council

JUDGMENT 1 This is a Class 1 appeal No. 10633 of 2005 between Brett and Claudine Dale and Woollahra Municipal Council in regard to the refusal of the proposal to demolish an existing two-storey house with a room-in-the-roof bedroom third-storey and detached garage at No. 134 Hopetoun Avenue, Vaucluse and to erect a two-storey and part three-storey house with internal two car garage off the avenue and a swim pool in the rear yard with a detached single car garage off Sassafras Lane. The block runs east-west between the avenue and the lane.