Fraser v Woollahra Council [2008] NSWLEC 1394

Land and Environment Court of New South Wales

CITATION : Fraser v Woollahra Council [2008] NSWLEC 1394

APPLICANT Vivian Fraser & Associates (NSW) Pty Ltd PARTIES : RESPONDENT Woollahra Council

FILE NUMBER(S) : 10419 of 2008

CORAM: Brown C

KEY ISSUES: Development Application :- alternations and additions to existing church hall - heritage impact - traffic and parking - noise

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995

DATES OF HEARING: 15,16/09/08

DATE OF JUDGMENT: 17 September 2008

APPLICANT Mr G Green, solicitor SOLICITORS Pikes Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr A Pickles, barrister SOLICITORS HWL Ebsworth

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

17 September 2008

10419 of 2008 Vivian Fraser & Associates (NSW) Pty Ltd v Woollahra Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Woollahra Municipal Council (the council) of DA 755/2005 for alternations and additions to the existing church hall at 331 Old South Head Road, Watsons Bay (the site).

2 The issues raised by the council relate to the impact on the setting of the existing heritage building on the site, the impacts of additional traffic and potential noise impacts on adjoining residential development. These concerns were supported by a number of local residents who provided evidence on site. While 35 issues were raised by the residents (based on the council's Statement of Facts and Contentions), I understand their major concerns to be those raised by the council. The site 3 The site is located on the northern and eastern sides of Old South Head Road and has a site area of 7,511 sq m. It has a curved frontage to Old South Head Road of 174.8 m, an eastern side boundary of 112.5 m and a northern boundary of 58 m. The site falls approximately 8 m from south to north and 8.7 m from east to west.