Daniell v Woollahra Municipal Council [2007] NSWLEC 53

Land and Environment Court of New South Wales

CITATION : Daniell v Woollahra Municipal Council [2007] NSWLEC 53

APPLICANT Ruth Daniell PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10614 - 10619 of 2006

CORAM: Tuor C

KEY ISSUES: Development Application :- alterations to provide off street parking spaces to group of houses within conservation area impact on heritage significance of conservation area

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995

DATES OF HEARING: 24/10/06

DATE OF JUDGMENT: 27 February 2007

APPLICANT Ms S Duggan, barrister Solicitors LEGAL REPRESENTATIVES: Spiegel & Associates

RESPONDENT Mr M Connell, solicitor of Home Wilkinson Lowry, Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

27 February 2007

10614 - 10619 of 2006 Ruth Daniell v Woollahra Municipal Council

JUDGMENT

1 COMMISSIONER: These are appeals against the refusal by Woollahra Municipal Council (the council) of 6 development applications to provide off street parking at 23 – 33 Glebe Street, Edgecliff (the site). The appeals and development applications are as follows: · Appeal No 10614 (DA 05/0202) 23 Glebe St, Edgecliff · Appeal No 10615 (DA 05/0203) 25 Glebe St, Edgecliff · Appeal No 10616 (DA 05/0206) 27 Glebe St, Edgecliff · Appeal No 10617 (DA 05/0205) 29 Glebe St, Edgecliff · Appeal No 10618 (DA 05/0200) 31 Glebe St, Edgecliff · Appeal No 10619 (DA 05/0204) 33 Glebe St, Edgecliff 2 The parties agreed that the appeals should be heard together. 3 For the reasons set out in this judgment I have concluded that the appeals should be dismissed and development consent refused. The site and its locality 4 The site is a row of six semi detached Victorian cottages on the southern side of Glebe Street. The cottages are elevated above street level and are clearly visible from the street. However, the existing retaining wall with a timber fence above restricts views of the front gardens from the street. The cottages and front gardens have been altered; 27 – 33 have substantial rear additions which are visible from the street, although the single storey appearance of the group is maintained. There is no rear lane access and off street parking is currently not available to any of the cottages. 5 Glebe Street is closed at its eastern end with a park which separates it from Thorne Street. Glebe Street is a mixture of groups of terraces and single storey cottages of consistent character. A few houses in the street have off street parking. Glebe Street runs into Cameron Street which has a number of more recent developments intermingled with one and two storey terraces, semis and houses. A number of houses in Cameron Street have off street parking at grade and the character of this street is more varied than that of Glebe Street. 6 The Edgecliff Shopping Centre and railway station are near the site. The proposal and its history 7 Each application proposes to: · Demolish existing fences, garden walls and veranda sub walls · Excavate front yard areas · Construct new foot path cross overs, gates, fencing and sub walls · Provide new vehicle hard stands and landscaping works 8 Although submitted as six separate applications all owners of the properties have agreed to a condition which would require the owners to lodge one construction certificate application for all the properties and for the works to be completed within 12 months. The purpose of this condition is to ensure that although separate applications they are implemented concurrently and that a consistent approach to parking is achieved. Planning Framework 9 The site is zoned Residential 2(a) under Woollahra Local Environmental Plan 1995 (LEP 1995). The proposed development is permissible within the zone with consent. The site is within the Paddington Conservation Area. Cl 28 requires a consideration of the impact of the proposed development on the heritage significance of the conservation area. 10 Paddington Development Control Plan 1999 (the DCP) provides specific controls for the Paddington Conservation Area. In Particular Part 5.2.6 deals with on site parking. The relevant objectives are: