Harbour Port Constructions Pty Limited v Woollahra Municipal Council [2004] NSWLEC 283

Land and Environment Court of New South Wales

CITATION : Harbour Port Constructions Pty Limited v Woollahra Municipal Council [2004] NSWLEC 283 APPLICANT: Harbour Port Constructions Pty Limited PARTIES : RESPONDENT: Woollahra Municipal Council FILE NUMBER(S) : 11193 of 2003 CORAM: Bignold J KEY ISSUES: Development Application :- demolition of contributory item in heritage conservation zone-erection of a replacement dwelling-house-impact of proposed development on heritage significance. LEGISLATION CITED: CASES CITED: Environmental Planning and Assessment Act 1979, s 79C DATES OF HEARING: 5, 6, 13/02/2004 DATE OF JUDGMENT: 06/04/2004

APPLICANT: Mr T Hale SC SOLICITORS Freidman Reeves

LEGAL REPRESENTATIVES: RESPONDENT: Ms M Hawley, Solicitor SOLICITORS Phillips Fox

JUDGMENT:

1

IN THE LAND AND Matter No: 11193 of 2003 ENVIRONMENT COURT Coram: Bignold J OF NEW SOUTH WALES 4 June 2004

HARBOUR PORT CONSTRUCTIONS PTY LIMITED

Applicant

v

WOOLLAHRA MUNICIPAL COUNCIL

Respondent

JUDGMENT

A. INTRODUCTION

1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 (the EP&A Act) against the Council's deemed refusal of a development application for the demolition of an existing dwelling-house erected on property known as No 54 Fletcher Street, Woollahra (the development site) and for the erection of a replacement two storey dwelling-house thereon.

2. After the present appeal had been instituted, the Council conformably to the EP&A Act, s 82(2) determined the development application by refusing consent for the following reasons as notified to the Applicant in the Notice given pursuant to the EP&A Act, s 81(1)(a): 1. The proposed demolition of the subject site is not supported on conservation grounds as the subject house is considered to be a good example of a Victorian weatherboard cottage which is contributory to the conservation area. 2. The proposed demolition of the cottage would not comply with Part 1 Section 2(g) and Part 4 Section 28 of Woollahra Local Environmental Plan 1995. 3. The proposal would not comply with Part 9 of Woollahra Residential Development Control Plan 1995 with regard to soft and porous landscaping. 4. The proposal would not comply with Part 7 of Woollahra Residential Development Control Plan 1995 with regard to floor space. 5. The proposal would not comply with Part 8 of Woollahra Residential Development Control Plan 1995 with regard to setbacks.