Oceania Clarke Pty Ltd v Woollahra Municipal Council [2005] NSWLEC 489

Land and Environment Court of New South Wales

CITATION : Oceania Clarke Pty Ltd v Woollahra Municipal Council [2005] NSWLEC 489

APPLICANT Oceania Clarke Pty Lt d

PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10116 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Subdivision - alterations - change of use of premises - heritage significance - impact on heritage significance - historical subdivision pattern - bulk and scale - carparking - streetscape impact.

Woollahra Local Environmental Plan 1995 State Environmental Planning Policy No. 10 - Retention of Low Cost Accommodation LEGISLATION CITED: Woollahra Residential Development Control Plan 2003 Woollahra Heritage Conservation Development Control Plan 2003

DATES OF HEARING: 02/06/2005

DATE OF JUDGMENT: 09/21/2005

APPLICANT Mr C. J. Leggat, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr M. Connell, solicitor of Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

21 September 2005

10116 of 2005 Oceania Clarke Pty Limited v Woollahra Municipal Council

JUDGMENT

Background 1 This appeal was lodged against council's refusal of a development application for a 2 lot subdivision, building alterations and change of use of the premises located at 76 Old South Head Road, Woollahra.

2 The subject site is located on the northern side of Old South Head Road and the south-western corner of Fern Place. It is described as Lot 3 DP 607 636. The site is irregular in shape with a 10.56 m frontage to Old South Head Road and it has a total area of 448.8 sq m.