X.Pace Design Group v Woollahra Municipal Council [2009] NSWLEC 1268

Land and Environment Court of New South Wales

CITATION : X.Pace Design Group v Woollahra Municipal Council [2009] NSWLEC 1268

APPLICANT X.Pace Design Group Pty Ltd PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10240 of 2009

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of two existing dwelling houses and ancillary structures and the construction of a three-storey residential flat building - impact on desired future character - SEPP 1 objection to floor space ratio - breach of 2-storey control

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46

DATES OF HEARING: 31 July 2009, 3 August 2009

DATE OF JUDGMENT: 12 August 2009

APPLICANT Ms S Duggan, barrister SOLICITORS Spiegal & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr N Howie, solicitor RESPONDENT Willshire Webb Staunton Beattie Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

12 August 2009

10240 of 2009 X.Pace Design Group Pty Ltd v Woollahra Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal the refusal of Application DA 565/2008/1 by Woollahra Municipal Council (the council) for the demolition of two existing dwelling houses and ancillary structures and the construction of a three-storey residential flat building containing six units, 14 car basement car parking spaces, a swimming pool, landscaping works and the strata subdivision of the new development at 27 and 29 Wilberforce Avenue Rose Bay (the site).