CSA Architects Pty Limited v Woollahra Council [2009] NSWLEC 1054

Land and Environment Court of New South Wales

CITATION : CSA Architects Pty Limited v Woollahra Council [2009] NSWLEC 1054

APPLICANT CSA Architects Pty Limited PARTIES : RESPONDENT Woollahra Council

FILE NUMBER(S) : 11119 of 2008

CORAM: Murrell C

KEY ISSUES: SECTION 97 APPEAL :- Development Application for demolition and consolidation of two lots and construction of Units, basement parking, swimming pools, landscaping and strata title.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 1 Woollahra Local Environmental Plan 1995 Woollahra Development Control Plan 2003

CASES CITED: Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 Wehbe v Pittwater Council [2007] NSWLEC 827

DATES OF HEARING: 29/01/2009

DATE OF JUDGMENT: 30 January 2009

APPLICANT Mr I. Hemmings, barrister Instructed by John Lloyd and Co LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Rigg, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

30 January 2009

11119 of 2008 CSA Architects Pty Limited v Woollahra Council This determination was given extemporaneously and it has been edited prior to publication

JUDGMENT 1 This is an appeal under s 97 against Woollahra Council's imposition of conditions on a development application at the property known as 45-47 Spencer Street, Rose Bay. The proposal is: for the demolition of two dwellings which are currently on two separate titles; consolidation of the two lots, the erection of four 4 bedroom units, part two storey and part three storey with basement parking for nine vehicles, two swimming pools in a cental courtyard, landscaping and the strata titling of the proposed development.