Farkas v Woollahra Municipal Council [2004] NSWLEC 738

Land and Environment Court of New South Wales

CITATION : Farkas v Woollahra Municipal Council [2004] NSWLEC 738 APPLICANT Simon Farkas and Veronica Ann Farkas PARTIES : RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 11100 of 2004 CORAM: Brown C Development Application :- subdivision into two lots KEY ISSUES: whether dwelling can be reasonably constructed on new lot drainage Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Woollahra Local Environmental Plan 1995 CASES CITED: Parrot v Kiama Council [2004] NSWLEC 77; Billgates Pty Limited v Woollahra Municipal Council [2004] NSWLEC 436 DATES OF HEARING: 13/12/04 EX TEMPORE 12/13/2004 JUDGMENT DATE :

APPLICANT Mr N Hemmings QC SOLICITORS Reid and Vesely LEGAL REPRESENTATIVES: RESPONDENT Mr J Bingham, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

13 December 2004

11100 of 2004 S & V Farkas v Woollahra Municipal Council

JUDGMENT 1 This is an appeal against the refusal by Woollahra Council (the council) of DA 479/2004 for the subdivision of the land at 92 Drumalbyn Road, Bellevue Hill (the site) into two lots.

2 It is proposed to subdivide the site into two lots, being lots 151 and 152 (Attachment 1). Lot 151 has an area of 1,324 sq m and contains the existing dwelling house. Access to the dwelling house is to be obtained over a 3 m wide right-of-way over the western section of lot 152. Lot 152 has a frontage to Drumalbyn Road and would occupy the area currently used as a tennis court. It has an area of 729 sq m. The application contains a concept design for a dwelling that could be erected on lot 152 (Attachment 2). 3 The issues in the appeal relate principally to (1) whether a dwelling can be adequately erected on lot 152, particularly without adversely impacting on the amenity of adjoining residential properties, and (2) whether the proposal adequately addresses the disposal of stormwater. 4 The parties agreed to the appointment of Mr Garry Shields as the Court appointed town planning expert. In his evidence, he states that the proposed subdivision satisfies the minimum lot size requirement of 675 sq m for the Residential 2(a) zone within Woollahra Local Environmental Plan 1995 (the LEP).