O'Donnell v Woollahra Council [2009] NSWLEC 1066

Land and Environment Court of New South Wales

CITATION : O'Donnell v Woollahra Council [2009] NSWLEC 1066

APPLICANT Rebecca Lockhart O'Donnell PARTIES : RESPONDENT Woollahra Council

FILE NUMBER(S) : 11226 of 2008

CORAM: Bly C

KEY ISSUES: DEVELOPMENT APPLICATION :- Modification of existing rear boundary wall and installation of sliding gates.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan 1995 Paddington Development Control Plan 1999

DATES OF HEARING: 04/03/2009

DATE OF JUDGMENT: 5 March 2009

APPLICANT Mr G. Green, solicitor of Pikes Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Rigg, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

5 February 2009

11226 of 2008 Rebecca Lockhart O'Donnell v Woollahra Council

JUDGMENT Introduction 1 This appeal relates to a development application for the provision of an off-street car parking space on the property at 46 Cambridge Street, Paddington. More particularly the proposal requires the demolition of part of the existing rear boundary wall in Glenmore Road and the installation of sliding gates. An existing pedestrian gate is to be removed and the wall reinstated. A street tree is to be removed and a replacement tree provided.

2 The gate was originally proposed to be located in the centre of the site but following discussions and consideration of Council's without prejudice proposed conditions of consent the applicant now proposes that it be relocated almost at the southern extremity of the site so as to utilise the existing gateway and to minimise the extent to which the original stone base is to be removed.