NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Terry George Andriotakis v. Woollahra Municipal Council [1998] NSWLEC 124 APPLICANTS Terry George Andriotakis Efsevi Nicholas Andriotakis PARTIES : Gregory Nicholas Malouf
RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 40294 of 1997 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: Heritage Act 1977 CASES CITED: Nettheim v Minister for Planning and Local Government & Anor (unreported CA528 of 1988 21 October 1988 at p10); Thompson v Randwick Corporation (1950) 81 CLR 87 at 106 DATES OF HEARING: 11/06/98, 12/06/98, 18/06/98 DATE OF JUDGMENT: 06/30/1998
APPLICANT Mr C J Leggat (Barrister) Perkes & Stone Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr J J Bingham (Solicitor) Deacons Graham & James Solicitors
JUDGMENT: The applicants claims relief by way of declaration that draft Woollahra Local Environmental Plan Amendment No 12 (LEP 12) is invalid.
The applicants are the owners of a property known as No. 48 Darling Point Road, Darling Point.
By development application No. 97/087, lodged with the council on 6 May 1997, the applicants made application to the council for consent to erect a residential flat building consisting of 3x3 bedroom units and car parking. The development application was refused by council on 10 November 1997 on the ground that the existing building is considered to have heritage significance and that it is part of a rare grouping of buildings which have been identified as having heritage significance.
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