Edward Szewczyk and Associates v Woollahra Municipal Council [2005] NSWLEC 641

Land and Environment Court of New South Wales

CITATION : Edward Szewczyk and Associates v Woollahra Municipal Council [2005] NSWLEC 641

APPLICANT Edward Szewczyk and Associates

PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10280 of 2005

CORAM: Hoffman C

Appeal :- Alterations and additions to a dwelling - contributory item - character of a villa - proximity to heritage items - in a conservation area - in a group of significant villas KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan 1995 Woollahra Heritage Conservation Area DCP

DATES OF HEARING: 12/08/05 and 18-19/08/2005

DATE OF JUDGMENT: 11/11/2005

APPLICANT Mr J. Ayling S.C., barrister instructed by Norman Waterhouse

LEGAL REPRESENTATIVES:

RESPONDENT Mr I. Hemmings, barrister instructed by Home Wilkinson Lowry Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

11 November 2005

10280 of 2005 Edward Szewczyk and Associates v Woollahra Municipal Council

JUDGMENT

1 This a Class 1 Appeal No. 10280 of 2005 between Edward Szewczyk and Associates verses Woollahra Municipal Council in regard to the refusal of consent for alterations and additions to No. 21 Jersey Road, Woollahra.

2 The site contains a very old house in amongst other very old houses on adjoining and adjacent lots in Jersey Road. No. 23 Jersey Road on the east of the proposal is a heritage item under Woollahra Local Environmental Plan 1995 and so is No. 17 that is two doors to the west. No. 16 the Police Station is a little further to the west and on the opposite side of the street. It is a heritage item also. The immediate neighbour to the site on the west is No. 19 and it is not a heritage item.