Sheller S v Woollarha Municpal Council [2004] NSWLEC 128

Land and Environment Court of New South Wales

CITATION : Sheller S v Woollarha Municpal Council [2004] NSWLEC 128 APPLICANT Susan B Sheller PARTIES : RESPONDENT Woollarha Municpal Council FILE NUMBER(S) : 10070 of 2004 CORAM: Hussey C KEY ISSUES: Development Consent :- Section 96 modification - impact on views - neighbourhood - amenity LEGISLATION CITED: CASES CITED: DATES OF HEARING: 25/03/2004 EX TEMPORE 03/25/2004 JUDGMENT DATE :

APPLICANT Mr J A Strati, solicitor SOLICITORS Avendra Singh Strati & Kam LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10070 of 2004

Hussey C

25 March 2004

Susan B Sheller Applicant

v

Woollahra Municipal Council Respondent

Judgment

1. This appeal is against conditions of consent that were imposed by council on a s 96 modification for alterations and additions to a dwelling house at 6 Magney Street, Woollahra. Those conditions are 2, 4 and 3. - Condition 3 being the deletion of the dormer window, which is not pursued. - Condition 2 requires reduction in the family room height. - Condition 4 requires reduction in the first floor bedroom setback of 1m.

2 . Within the planning framework, the site is in a conservation area and the proposal is permissible with consent. The main detailed controls are contained in the Residential DCP. Firstly, the Court's attention has been directed to a non-compliance in the FSR of the proposal, which exceeds that allowed in the DCP by some 6 m2. . That could satisfactorily be remedied by the compliance with condition 4.