Buttery v Woollahra Municipal Council [2008] NSWLEC 1141

Land and Environment Court of New South Wales

CITATION : Buttery v Woollahra Municipal Council [2008] NSWLEC 1141

APPLICANT Gary Buttery PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 11263 of 2007

CORAM: Bly C

KEY ISSUES: Appeal - Development Application :- Notice of Motion, amended plans for a two-storey attached dwelling,

LEGISLATION CITED: Land and Environment Court Act 1979 Environmental Planning and Assessment Regulation 2000

Radray Constructions Pty Limited v Hornsby Shire Council 2006 NSWLEC 155 CASES CITED: Ebsworth v Sutherland Shire Council 2005 NSWLEC 603 Pepperwood Ridge Pty Limited v Newcastle City Council 2007 NSWLEC 19

DATES OF HEARING: 11/03/2008

EX TEMPORE JUDGMENT DATE : 11 March 2008

APPLICANT Mr G. Green, solicitor of Pike Pike and Fenwick LEGAL REPRESENTATIVES:

RESPONDENT Mr J. P. Merlino, solicitor of Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

11 March 2008

11263 of 2007 Gary Buttery v Woollahra Municipal Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 By Notice of Motion dated 5 February 2008, the applicant seeks leave to rely on amended plans associated with the development of 10-12 South Street, Edgecliff. The respondent opposes the motion on the basis that the pair of two-storey attached dwellings would, in the amended plans, be so different that they should not be accepted. It seems that the amended plans are in part at least an appropriate response to a number of concerns expressed by the respondent.