Wang v Woollahra Municipal Council [2008] NSWLEC 3

Land and Environment Court of New South Wales

CITATION : Wang v Woollahra Municipal Council [2008] NSWLEC 3

APPLICANT James Wang PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10645 of 2007

CORAM: Hussey C

KEY ISSUES: Section 96 Modification :- Dwelling house modification, height/bulk, excavation, setback, heritage, amenity

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Plan 1995

DATES OF HEARING: 09/11/2007, 13/11/2007 and 14/12/2007

DATE OF JUDGMENT: 10 January 2008

APPLICANT Mr J. Wang, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr R. O'Gorman-Hughes, barrister Instructed by Mr J. P. Merlino of Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

10 January 2008

10645 of 2007 James Wang v Woollahra Municipal Council

JUDGMENT Background. 1 This matter concerns an appeal against the refusal of a s96 application for modifications to a previous development consent allowed by the Court for the demolition of an existing dwelling and construction of a new dwelling at 9 Dunara Gardens, Point Piper.

2 The approved dwelling consists of: * Lower ground floor; pool, sauna, a wine cellar, bathroom, plant rooms and deck * Ground floor; double garage, kitchen, lounge, dining/living area, a timber deck * First floor; 4 bedrooms, study, 4 bathrooms, roof terrace * Second-floor; master bedroom with ensuite, retreat room, roof terrace * New front and side fences * Landscaping.