577 New South Head Road Pty Ltd v Woollahra Municipal Council [2004] NSWLEC 526

Land and Environment Court of New South Wales

CITATION : 577 New South Head Road Pty Ltd v Woollahra Municipal Council [2004] NSWLEC 526 APPLICANT 577 New South Head Road Pty Ltd PARTIES : RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 10967 of 2003 CORAM: Nott C KEY ISSUES: Development Consent :- application to modify a SEPP 5 development - whether substantially the same development - amenity of owners of a heritage item at 1 Rose Bay Avenue - modification involving increased excavation on a hillside closer to the boundary of 1 Rose Avenue LEGISLATION CITED: CASES CITED: Pegasus Construct and Design v Woollahra Municipal Council No. 10150 of 1997 (unreported, 6 October 1998); Moto Projects (No. 2) Pty Limited v North Sydney Council (1999) 106 LGERA 298 DATES OF HEARING: 15 & 16/03/2004, (mention 03/08/2004), 17/09/2004 DATE OF JUDGMENT: 09/21/2004

APPLICANT Mr D Wilson, barrister SOLICITORS Acuiti Legal LEGAL REPRESENTATIVES: RESPONDENT Mr M Connell, solicitor SOLICITORS Mitchell Sillar

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

21 September 2004

10967 of 2003: 577 New South Head Road Pty Ltd v Woollahra Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal under s 96 of the Environmental Planning and Assessment Act 1979 in respect of the council's refusal to modify a development consent granted by the council for 11 self-care units with basement carparking at 577 New South Head Road, Rose Bay (on the corner of Rose Bay Avenue). 2 The development consent is contained in a notice of determination dated 28 January 2003, and the consent was granted pursuant to State Environmental Planning Policy No. 5—Housing for Older People or People with a Disability . The development consent also included approval for the demolition of the existing dwelling house and ancillary structures on the subject site.