NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Sanderson E A v Woollahra Municipal Council [2007] NSWLEC 76
APPLICANT: PARTIES : Elizabeth Ann Sanderson RESPONDENT: Woollahra Municipal Council
FILE NUMBER(S) : 10964 of 2006
CORAM: Watts C at 1
KEY ISSUES: Development Application :- Heritage significance, design and aesthetics of the carport and the front door
Woollahra Local Environmental Plan 1995, (WLEP) State Environmental Planning Policy No. 55 - Remediation of Land, (SEPP55) LEGISLATION CITED: Woollahra Heritage Conservation Area Development Control Plan 2003, (HCADCP) Development Control Plan for off streetcar parking provision and servicing facilities and Woollahra Access Development Control Plan, (ADCP) Environmental Planning and Assessment Act 1979, ss79C and 96
DATES OF HEARING: 13/02/2007
DATE OF JUDGMENT: 20 February 2007
APPLICANT: Mr Robert Harper, SC, with Mr Marcus Pesman, solicitor instructed by Mr Geoff Schrader, solicitor LEGAL REPRESENTATIVES: SOLICITORS: Schraders Lawyers RESPONDENT: Mr M Connell, solicitor SOLICITORS: Home Wilkinson Lowry Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Watts C
20 February 2007
10964 of 2006 - Elizabeth Ann Sanderson v Woollahra Municipal Council
JUDGMENT 1 This is an appeal under s 96(6) of the Environmental Planning and Assessment Act 1979, against the deemed refusal by Woollahra Municipal Council (the council) of a modification of development consent to alter and add to a terraced dwelling house at Lot 1, DP 136824 being No 32 Holdsworth Street, Woollahra. 2 I visited the land in company with the parties on the morning of the hearing and heard from local residents and experts on both sides. 3 I have concluded that the door facing Holdworth Street in the front façade of the original terrace contributes to the heritage significance of the conservation area and should not be changed to a window as sought, and the carport roof as proposed would dominate the streetscape to its detriment. As a result the appeal is dismissed.
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