Mersonn Pty Ltd -v- Woollahra Municipal Council [2008] NSWLEC 1475

Land and Environment Court of New South Wales

CITATION : Mersonn Pty Ltd -v- Woollahra Municipal Council [2008] NSWLEC 1475

APPLICANT Mersonn Pty Ltd PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10721 of 2008

CORAM: Tuor C

Development Application :- residential flat building existing use rights KEY ISSUES: significance of existing contributory building and impact of proposal on conservation area. whether existing flat building should be retained given its significance and condition whether cost of works required to retain existing building unreasonable given its significance

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Environmental Plan 1995 Watsons Bay Heritage Conservation Area Development Control Plan

CASES CITED: Helou v Strathfield Municipal Council [2006] NSWLEC 66

DATES OF HEARING: 10/11/2008

EX TEMPORE JUDGMENT DATE : 11 November 2008

APPLICANT Ms S Duggan, barrister instructed by Mr G Hartley of Gadens Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

11 November 2008

10721 of 2008 Mersonn Pty Ltd -v- Woollahrah Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Woollahra Municipal Council (the council) of a development application (283/2008) under the Environmental Planning and Assessment Act 1979 (the Act) to demolish an existing residential flat building and construct a new residential flat building at 4 Marine Parade, Watsons Bay (the site).