Defterios v Woollahra Municipal Council [2007] NSWLEC 434

Land and Environment Court of New South Wales

CITATION : Defterios v Woollahra Municipal Council [2007] NSWLEC 434

APPLICANT Margaret Defterios PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 11228 of 2006

CORAM: Hoffman C

KEY ISSUES: Development Application :- car space and rear lane entry into a terrace house, public safety, on-street parking, landscape, character of laneway

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Environmental Plan 1995 Paddington Development Control Plan

DATES OF HEARING: 27/03/2007 and 18/06/2007

EX TEMPORE JUDGMENT DATE : 18 June 2007

APPLICANT Mr P. Tomasetti, barrister Instructed by D. Balog LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Simington, solicitor of Lindsay Taylor Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

18 June 2007

11228 of 2006 Margaret Defterios v Woollahra Municipal Council

JUDGMENT 1 This is a Class 1 Appeal 11228 of 2006 between Margaret Defterios and Woollahra Council in regard to the refusal of a proposal for a car space and rear lane entry to a terrace house at 19 Broughton Street, Paddington.

2 After a preliminary finding on the first occasion the hearing was adjourned to enable amended drawings and notification. I adopt the transcript of the preliminary finding and incorporate it in the transcript of this judgment: Preliminary findings 3 This is in the form of an interim finding.