NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Quincy Pty Ltd v Woollahra Municipal Council [2009] NSWLEC 1188
APPLICANT Quincy Pty Ltd PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 10054 of 2009
CORAM: Tuor C
KEY ISSUES: SECTION 96 MODIFICATION :- to modify a development consent. Impact on significane of heritage item and conservation area.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995
DATES OF HEARING: 24 April 2009
EX TEMPORE JUDGMENT DATE : 24 April 2009
APPLICANT Mr D O'Donnell, solicitor of Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor of Deacons
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
24 April 2009
10054 of 2009 Quincy Pty Ltd v Woollahra Municipal Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Woollahra Municipal Council (the council) of an application under s 96 of the Environmental Planning and Assessment Act 1979 (the Act) to modify development consent DA836/2007 (the consent) for 76 Queen Street Woollahra (the site). 2 The consent approved the use of the premises as a shop, proposed signage and alterations, additions subject to conditions. 3 The s 96 application sought to amend conditions A4 and C1 of the consent to permit a new window within the enlarged opening in the first floor of the rear elevation. Condition A4 requires:
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