Tome v Woollahra Municipal Council [2009] NSWLEC 1281

Land and Environment Court of New South Wales

CITATION : Tome v Woollahra Municipal Council [2009] NSWLEC 1281

APPLICANT RT Tome and A Tome PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10196 of 2009

CORAM: Tuor C

KEY ISSUES: DEVELOPMENT APPLICATION :- alterations and additions to an existing house for a roof terrace, swimming pool and loft over garage. impact on residential amenity, views, privacy, bulk and streetscape.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan 1995 Woollahra Residential Development Control Plan 2003

DATES OF HEARING: 29 July 2009

EX TEMPORE JUDGMENT DATE : 30 July 2009

APPLICANT Ms S Duggan (barrister) SOLICITOR Spiegel & Associates Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Mr P Rigg (solicitor) SOLICITOR Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

30 July 2009

10196 of 2009 Tome v Woollahra Municipal Council

JUDGMENT 1 This is an appeal against the refusal by Woollahra Municipal Council (council) of a development application at 2C Tarrant Avenue, Bellevue Hill (the site).

2 The development application includes: o the addition of a new swimming pool to the southwest of the site: o further excavation of the subfloor area to create a basement level for change room and bathroom; o addition of a new roof terrace with stair enclosure; o change of the approved pitched roof to a metal deck roof with parapet; o and a loft over a garage. 3 The development application is an amending application to DA286/2005/1, which approved substantial alterations and additions to the existing dwelling (the original consent). The original consent included a condition, which deleted a proposed loft over a double garage (condition 9).