Capital Accommodation v Woollahra Council [2006] NSWLEC 427

Land and Environment Court of New South Wales

CITATION : Capital Accommodation v Woollahra Council [2006] NSWLEC 427

Applicant: Capital Accommodation Pty Ltd PARTIES : Respondent: Woollahra Municipal Council

FILE NUMBER(S) : 11449 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- modern building form in conservation area

DATES OF HEARING: 13/07/2006

DATE OF JUDGMENT: 07/27/2006

Applicant: LEGAL REPRESENTATIVES: Mrs M Taylor, solicitor of Norman Waterhouse Respondent: Mr M Connell, solicitor of Home Wilkinson & Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

27 July 2006

11449 of 2005 Capital Accommodation Pty Ltd v Woollahra Municipal Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Woollahra Municipal Council (the council) of a development application to demolish the existing building and erect seven attached dwelling houses on lot 1 DP 357357 and lot 1 DP 430688, known as 1 Underwood Street, Paddington.

The site 2 The site of 1,160m2 now contains a two-storey building known as the Police Citizens Youth Club. It is located where Underwood changes directions. The site's long frontages are to Heeley Street and Heeley Lane. The site falls almost 7m along its 50m length. The existing building is in brick, inconsistent with surrounding development and agreed by all to be unattractive. 3 The only adjoining property is No 1 Heeley Street, which is a terrace house. At the common boundary there is an existing stone retaining wall, which will remain. Development along Heeley Street is traditional Paddington terraces stepping down the hill. Closer to the site, on the other side of Underwood Street are two modern apartment blocks (one three-storey, the other four-storey) and the heritage item Juniper Hall.