NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tuheta v Woollahra Municipal Council [2009] NSWLEC 1050
APPLICANT Tuheta Pty Limited PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 10607 of 2008
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of existing buildings and the construction of a mixed retail/ residential development - breach of FSR, height, setbacks, soft landscaped area, car parking requirements and consequent impact on the future character of the area - internal amenity
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995
CASES CITED: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46
DATES OF HEARING: 02/12/08, written submissions 16/02/09
DATE OF JUDGMENT: 24 February 2009
APPLICANT Mr G Green, solicitor SOLICITORS Pikes Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
24 February 2009
10607 of 2008 Tuheta Pty Limited v Woollahra Municipal Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA804/2007/1 by Woollahra Municipal Council (the council) for the demolition of existing disused church buildings and the construction of a mixed retail and residential development at 733 New South Head Road, Rose Bay (the site).
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