Raymond & Ors v Woolahra Municipal Council; Raymond v Woolahra Municipal Council [2007] NSWLEC 748

Land and Environment Court of New South Wales

CITATION : Raymond & Ors v Woolahra Municipal Council; Raymond v Woolahra Municipal Council [2007] NSWLEC 748

10824 of 2002 APPLICANTS B & Y Raymond T & L Kennedy RESPONDENT PARTIES : Woollahra Municipal Council

11118 of 2006 APPLICANT B Raymond RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10824 of 2002; 11118 of 2006

CORAM: Sheahan J

KEY ISSUES: Appeal :- Section 56A appeal; Section 96 modification application; abuse of process

CASES CITED: Russo v Kogarah Municipal Council (1999) 105 LGERA 290

DATES OF HEARING: 14-15 November 2007

EX TEMPORE JUDGMENT DATE : 15 November 2007

APPLICANT Mr J Johnson Solicitors LEGAL REPRESENTATIVES: McKees Legal Solutions RESPONDENT Mr A M Pickles Solicitors Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Sheahan J

15 November 2007

10824 of 2002; 11118 of 2006

Raymond & Ors v Woollahra Municipal Council; Raymond v Woollahra Municipal Council

EXTEMPORE JUDGMENT

1. His Honour: The two matters before the Court concern a 3-storey residential flat building, containing 2 units over basement car parking, located at 42 Bundarra Road, Bellevue Hill. 2. In matter 11118 of 2006 there is a s 56A appeal against the imposition of a condition by the Court on an earlier occasion, and there has today been an agreement reached that the s 56A appeal will be discontinued on the basis that the Applicant will pay the reasonable costs incurred by the Council in respect of that matter. 3. The Court, therefore, has concentrated on matter 10824 of 2002 in which the Applicant has brought an appeal against Council's refusal of a s 96 modification application. 4. The initial development consent was granted by the Court on 28 May 2004. There have been three subsequent s 96 applications, some of which resulted in a number of modifications being approved. The current fourth s 96 application seeks the following further modifications: a) Delete the requirement for the retaining wall on the south eastern boundary; b) Retain the concrete and paving in the rear setback area which extends from the rear ground floor apartment 1 to the first tier level; c) Delete the glass roof and replace it with a reinforced concrete roof on the ground floor entry to apartment 2; d) Delete the steel balustrade on the north and south western edge of the building and retain existing tiled access way and planter boxes on the first floor of apartment 2; and e) Erect glazed screens to a height of 1500mm above terrace level on the ground floor level of apartment 2.