Wright v Woollahra Municipal Council [2009] NSWLEC 1173

Land and Environment Court of New South Wales

CITATION : Wright v Woollahra Municipal Council [2009] NSWLEC 1173 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Norman Wright PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10221 of 2009

CORAM: Bly C

KEY ISSUES: MODIFICATION APPLICATION :- View sharing

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan 1995 Woollahra Residential Development Control Plan 2003

CASES CITED: Wright v Woollahra Municipal Council [2008] NSWLEC 1457 Tenacity Consulting Pty Ltd v Warringah Council [2004] NSWLEC 140

DATES OF HEARING: 1 June 2009

DATE OF JUDGMENT: 2 June 2009

APPLICANT Mr G Green (solicitor) SOLICITOR Pikes Lawyers

LEGAL REPRESENTATIVES:

RESPONDENT Mr P Rigg (solicitor) SOLICITOR Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

2 June 2009

10221 of 2009 Norman Wright v Woollahra Municipal Council

JUDGMENT 1 In October 2008 the Court dismissed an appeal against the Woollahra Municipal Council's decision to refuse an application effectively for the construction of a three-storey detached dwelling house at 2 Marine Parade Double Bay. (See Wright v Woollahra Municipal Council [2008] NSWLEC 1457) In essence the appeal was dismissed because the breach of the height development standards in Woollahra Local Environmental Plan 1995 could not be justified particularly taking into account the consistent single dwelling character of two storeys along Marine Parade.