NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Farrell Coyne v Woollahra Council [2008] NSWLEC 1387
Applicant: Farrell Coyne Projects Pty Ltd PARTIES : Respondent: Woollahra Council
FILE NUMBER(S) : 10504 of 2008
CORAM: Roseth SC
KEY ISSUES: Development Application :- view impact
CASES CITED: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Veloshin v Randwick City Council [2007] NSWLEC 428
DATES OF HEARING: 26 September 2008
DATE OF JUDGMENT: 8 October 2008
Applicant: LEGAL REPRESENTATIVES: Mr G Green, solicitor of Pikes Lawyers Respondent: Mr P Rigg, solicitor of Deacons
JUDGMENT: - 8 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Roseth SC
8 October 2008
10504 of 2008 Farrell Coyne Projects Pty Ltd v Woollahra Municipal Council
JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal of a development application to demolish the existing building and erect a three-storey dwelling house on lot 1 DP 958468, known as 3 Vaucluse Road (and also 2A Gilliver Avenue), Vaucluse.
The site 2 The site has an area of 800.7m2.. It has two frontages: to the west to Vaucluse Road and to the east to Gilliver Avenue. It falls about 8m from east to west. To the south is 1 Vaucluse Road, on which a new house is under construction. The surroundings are mostly single houses, of which the old ones are modest in size, while the recently built ones are anything but. There is a sprinkling of old apartment buildings.
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