Wheatley v Woollahra Municipal Council [2007] NSWLEC 192

Land and Environment Court of New South Wales

CITATION : Wheatley v Woollahra Municipal Council [2007] NSWLEC 192

APPLICANT Jennifer Kathleen Wheatley PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 11112 of 2006

CORAM: Tuor C

Development Application :- Alterations and additions, KEY ISSUES: Risk and impact of excavation. Impact on heritage significance of conservation area.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995

CASES CITED: Carstens v Pittwater (1999) NSWLEC 249; Ferella v Woollahra Municipal Council (2002) NSWLEC 233

DATES OF HEARING: 19/03/2007 and 20/03/2007

EX TEMPORE JUDGMENT DATE : 21 March 2007

APPLICANT Dr Berveling, barrister instructed by Mr P. O'Brien of Harris & Company Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Mr M. Connell, solicitor of HWL. Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

21 March 2007

11112 of 2006 Jennifer Kathleen Wheatley v Woollahra Municipal Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This is an appeal against the refusal by Woollahra Municipal Council (the council) of a Development Application (110/2006/1) for alterations and additions to an existing terrace at 14 Gurner Street, Paddington (the site). The site and its context 2 The site is located on the northern side of Gurner Street with rear access to Gurner Lane. It is about 4 m wide, 30.5 m long with a site area of about 120 sq m. There is a change in level of about 3 m between the front and the rear of the site. The site is developed with a 2 storey Victorian terrace which is part of a group of nine terraces.