NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Murphy v Woollahra Municipal Council [2008] NSWLEC 1431
APPLICANT Kim Leanne Murphy PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 10794 of 2008
CORAM: Hoffman C
KEY ISSUES: Modification Application :- Amendment of Condition 3A for alterations and additions
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan 1995 Paddington Development Control Plan 1999
DATES OF HEARING: 14/10/2008
EX TEMPORE JUDGMENT DATE : 14 October 2008
APPLICANT Mr R. Bartalesi, solicitor of R Bartalesi & Associates LEGAL REPRESENTATIVES:
RESPONDENT Ms V. McGrath, solicitor of Deacons
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
14 October 2008
10794 of 2008 Kim Leanne Murphy v Woollahra Municipal Council
JUDGMENT 1 COMMISSIONER: This was a Class 1 application under s 96 of the Environmental Planning and Assessment Act [1979] for amendment of condition 3A of the development consent issued by the Woollahra Council on 28 March 2008 for alterations and additions to 12 Stafford Street, Paddington. The site is on the corner of Duxford Street. On the Duxford Street elevation which faces west, the council had sought a condition 3A which states: "The north-western corner of the ground floor rear wing must have a return of 1 m facing Duxford Street. There can be two doors of a maximum of 1.5 m wide and 2.020 m high separated by a 1 m length of wall."
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