Paterson Bowkett Holding Pty Limited v Woollahra Municipal Council [2007] NSWLEC 505

Land and Environment Court of New South Wales

CITATION : Paterson Bowkett Holding Pty Limited v Woollahra Municipal Council [2007] NSWLEC 505

APPLICANT: PARTIES : Paterson Bowkett Holding Pty Limited RESPONDENT: Woollahra Municipal Council

FILE NUMBER(S) : 10205 of 2007

CORAM: Watts C at 1

KEY ISSUES: Development Application - Easements :- Overshadowing of neighbouring dwelling

LEGISLATION CITED: Woollahra Local Environmental Plan 1995, (WLEP) Paddington Development Control Plan 1999, (PDCP)

CASES CITED: Paterson Bowkett Holdings Pty Ltd v Woollahra Municipal Council [2005] NSWLEC 370

DATES OF HEARING: 13/08/2007

EX TEMPORE JUDGMENT DATE : 13 August 2007

APPLICANT: Ms R Green, solicitor SOLICITORS: LEGAL REPRESENTATIVES: Spiegel and Associates RESPONDENT: Mr M Connell, solicitor SOLICITORS: Home Wilkinson Lowry, Lawyers

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Watts C

13 August 2007

10205 of 2007 - Paterson Bowkett Holding Pty Limited v Woollahra Municipal Council

JUDGMENT

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the deemed refusal by Woollahra Municipal Council (the council) of a development application to demolish some of the existing buildings and to erect a new mixed-use building at Part Lot A, DP 107026 and Lot 16, DP 259058, being Nos 500-502 Glenmore Road, Edgecliff. 2 I visited the land in company with the parties on the morning of the hearing and I heard from Ms A Cordwell. 3 I have concluded that the application is now one that the Court may approve and as the issues have now been addressed, consent subject to conditions is indicated. The land 4 The land is situated near the New South Head Road end of Glenmore Road, on the corner of Reddy and Artlett Streets. It is irregular in plan shape with an area of 254.2m2; a northeastern frontage to Glenmore Road of 8.2m; a northwestern (side Reddy Street) boundary of 31.4m; a southeastern (side) boundary of 31.15m; and a southwestern (rear Artlett Street) boundary of 8.6m. 5 The land falls from the rear to the front boundary on Glenmore Road. There is a large Eucalyptus tree located in the existing courtyard towards the centre of the land. 6 Erected on the Glenmore Road frontage is the existing two-storey Victorian terraced building at No 500 Glenmore Road and a single-storey commercial structure at No 502 Glenmore Road. Both buildings date from a key period of significance for the Paddington heritage conservation area and display the typical form and features of contributory items of the conservation area. Erected on the rear of the subject land is a warehouse, fronting onto Reddy and Artlett Streets. 7 The land is within the Paddington Conservation area. The character of the precinct is best described as having: …variable and intricate street, lane and pedestrian network, a land use character which is predominantly residential but which also contains a mix of shops and hotels, many of which are located on corners, some commercial buildings and a few remaining light industrial and warehouse style buildings. Relevant planning controls Woollahra Local Environmental Plan 1995, (WLEP) 8 Under the provisions of the WLEP the land is zoned part Residential 3(b) and part Special (A.R.R) and the proposal is permissible with consent. Relevant provisions include: · Clause 11: Floor space ratio. · Clause 2(2)(g): in relation to heritage conservation. · Clause 2(2)(d): with regards to traffic and transport. · Clause 12: Height of buildings. · Clause 14: Acquisition and development of land reserved for roads.