Nesbitt v Woollahra Municipal Council [2005] NSWLEC 759

Land and Environment Court of New South Wales

CITATION : Nesbitt v Woollahra Municipal Council [2005] NSWLEC 759

APPLICANT Finola Nesbitt

PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10534 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- Alterations and additions - heritage significance - heritage conservation area

Woollahra Local Environmental Plan 1995 LEGISLATION CITED: Paddington Development Control Plan

DATES OF HEARING: 16/12/2005 EX TEMPORE JUDGMENT DATE : 12/16/2005

APPLICANT Ms M-L Taylor, solicitor SOLICITORS Norman Waterhouse LEGAL REPRESENTATIVES:

RESPONDENT Mr M Connell, solicitor SOLICITORS Michell Sillar

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

16 December 2005

10534 of 2005 Finola Nesbitt v Woollahra Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Woollahra Municipal Council (the council) of DA 192/2003/1 for alterations and additions to an existing terrace at 84 Paddington Street, Paddington (the site). The site and surrounding area 2 The site has a frontage of 6.26 m to Paddington Street, a frontage to Paddington Lane of 6.01 m, and side boundaries of 31.955 m and 31.945 m, giving a total site area of 195.5 sq m. The site is currently occupied by a three storey plus attic terrace building fronting Paddington Street. The terrace building is 5.3 m wide with a side passage along the north-western boundary. The terrace is one of a pair with 86 Paddington Street. The building presents as two storey plus roof to the front and three storeys plus roof to the rear. At the rear there is a 3 m high and 5.6 m wide double garage with parapet, with access to Paddington Lane. 3 Two and three storey Victorian terrace houses dominate the surrounding area. Paddington Lane is characterised by a variety of garage designs, with some single storey cottages addressing the lane. Garages are predominantly single storey although properties at 86 and 78 Paddington Street, and 49 and 51 Windsor Street have studios above. Relevant zoning controls 4 The site is zoned Residential 2(a) pursuant to Woollahra Local Environmental Plan 1995 (LEP 1995). Clause 2 provides aims for the plan.