Balaz v Woollahra Council [2005] NSWLEC 246

Land and Environment Court of New South Wales

CITATION : Balaz v Woollahra Council [2005] NSWLEC 246

APPLICANT Nevenka Balaz

PARTIES : RESPONDENT Woollahra Council

FILE NUMBER(S) : 10058 of 2005

CORAM: Brown C

Development Application :- Consent Orders - demolition of existing dwelling and the subdivision of land into three lots - impact on character of area - impact on views - impact on views from harbour. KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sydney Regional Environmental Plan 23 Woollahra Local Environmental Plan 1995

DATES OF HEARING: 21/04/2005 EX TEMPORE JUDGMENT DATE : 04/21/2005

APPLICANT Mr M. Craig, QC SOLICITORS Abbott Tout

LEGAL REPRESENTATIVES:

RESPONDENT Mr G. Bingham, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

21 April 2005

10058 of 2005 Nevenka Balaz v Woollahra Council

JUDGMENT 1 This is an appeal against a refusal of DA 561/2004 by Woollahra Council (the council) for the demolition of an existing dwelling and the Torrens Title subdivision of the land into three lots at No. 20 Tivoli Avenue, Rose Bay (the site).

2 The site has a northwest side boundary of 72.4 m, a southeast side boundary of 71.1 m, a northeast boundary to Tivoli Avenue of 20.4 m, and a southwest boundary to Sydney Harbour of 39.86 m, giving a total area of 2,125 sq m.