Semyon Pinchuk v Woollahra Municipal Council [2004] NSWLEC 11

Land and Environment Court of New South Wales

CITATION : Semyon Pinchuk v Woollahra Municipal Council [2004] NSWLEC 11 APPLICANT Semyon Pinchuk PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 11234 of 2003 CORAM: Watts C Development Application :- Whether the design KEY ISSUES: siting and size of the proposed roof terrace would adversely impact on the visual and acoustic privacy of residents of nearby and adjoining properties

Woollahra Local Environmental Plan 1895, (WLEP) LEGISLATION CITED: Woolahra Development Control Plan 1999, (WRDCP) Environmental Planning and Assessment Act 1979, ss 79C and 97 State Environmental Planning Policy No 1-Development Standard, (SEPP1) CASES CITED: DATES OF HEARING: 12/01/04 DATE OF JUDGMENT: 01/16/2004

APPLICANT Mr B Bilinsky, solicitor with Mr C Bilinsky, solicitor instructed by Horowitz and Bilinsky

LEGAL REPRESENTATIVES: RESPONDENT Ms R Mohr, solicitor instructed by Deacons

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11234 of 2003

Watts C

16 January 2004

Semyon Pinchuk Applicant v

Woollahra Municipal Council Respondent

Judgment

1. This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the deemed refusal by Woollahra Municipal Council, (the council) of a development application to erect an access stair to the roof, a terrace, screen, balustrade, and safety hooks for maintenance, at Lot 7 DP 25379, being No 2 Fernleigh Gardens, Rose Bay.