NSW Caselaw
Land and Environment Court of New South Wales
CITATION : David v Woollahra Council [2006] NSWLEC 398
Applicant: Rodric David PARTIES : Respondent: Woollahra Council
FILE NUMBER(S) : 11603 of 2005
CORAM: Roseth SC
KEY ISSUES: Development Application - Development Control Plan - Development Standards :- non-compliance with floor space ratio standard
CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] LGERA 254
DATES OF HEARING: 22/06/2006
DATE OF JUDGMENT: 07/07/2006
Applicant: LEGAL REPRESENTATIVES: Mr M Fraser, barrister instructed by Mr P O'Brien of Harris & Co Respondent: Mr M Connell and Ms M Vazquez, solicitors of Home Wilkinson Lowry
JUDGMENT: - 9 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Roseth SC
7 July 2006
11603 of 2005 Rodric David v Woollahra Municipal Council
JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Woollahra Council (the council) of a development application to demolish the existing house and construct a new three-storey house on lot 8 DP 315008, known as 10 Wentworth Road, Vaucluse.
The site The site is on the southern side of Wentworth Road. It has an area of 1,617m2. It falls about 2m from the northwest to the southwest corner. The existing house is part two and part three-storey, set back about 30m from the street, hard against the rear boundary. There is a detached garage against the northwest boundary. 2 Adjoining the site to the northeast is 12 Wentworth Road, a two-storey building housing the Canadian Consulate. Adjoining to the southeast are 8 Wentworth Road (a two-storey house) and 6A Wentworth Road (a part two and three-storey house), the latter being a battle-axe allotment. Adjoining to the southwest is 6 Graylind Place, which is a two-storey house with a roof terrace. Adjoining at the south corner is 4 Graylind Place, which is a part one and part two-storey house. 3 The wider locality is a mixture of one, two and three-storey houses on large allotments, though few are as large as the subject site.
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