Gruzman v Woollahra Municipal Council [2008] NSWLEC 1487

Land and Environment Court of New South Wales

CITATION : Gruzman v Woollahra Municipal Council [2008] NSWLEC 1487

APPLICANT Adrian Michael Gruzman PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10919 of 2008

CORAM: Hussey C

KEY ISSUES: Section 96 Modification :-

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

DATES OF HEARING: 09/12/2008

DATE OF JUDGMENT: 19 December 2008

APPLICANT Ms M-L Taylor, solicitor of Bartier Perry Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Rigg, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

19 December 2008

10919 of 2008 A M Gruzman v Woollahra Municipal Council

JUDGMENT Background 1 This appeal was lodged against the refusal of a Section 96 application to modify a development consent so as to allow a new vehicle access at 116 Ocean Street, Woollahra.

2 The site is a battleaxe shaped allotment, which has an 8.6m frontage to Ocean Street and its vehicular access from the rear lane off Thorne Street. There is a 2-storey house on the site, which has an outdoor area in the front adjacent to Ocean Street, a single carport at the rear of the property, together with a courtyard.

3 This property is part of a row of 5 townhouses, which front Ocean Street and were developed in the 1970's. The surrounding neighbourhood contains a wide variety of housing styles and is characterised by a mix of 1, 2 and 3-storey dwelling houses with some residential flat buildings interspersed throughout the locality.