Wright v Woollahra Municipal Council [2008] NSWLEC 1457

Land and Environment Court of New South Wales

CITATION : Wright v Woollahra Municipal Council [2008] NSWLEC 1457

APPLICANT Norman Wright PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10791 of 2008

CORAM: Brown C - Taylor C

KEY ISSUES: Development Application :- demolition of an existing dwelling house and major alterations and additions to the remaining structure for a new dwelling - bulk/scale of third storey - front fence - view loss

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995

CASES CITED: Tenacity Consulting Pty Ltd v Warringah Council [2004] NSWLEC 140

DATES OF HEARING: 29/10/08

DATE OF JUDGMENT: 30 October 2008

APPLICANT Mr G Green, solicitor SOLICITORS Pikes Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C with Taylor C

30 October 2008

10791 of 2008 Norman Wright v Woollahra Municipal Council

JUDGMENT 1 COMMISSIONERS: This is an appeal against a refusal by Woollahra Municipal Council (the council) of DA 391/2008/1 for the substantial demolition of an existing dwelling house and major alterations and additions to the remaining structure for a new dwelling at 2 Marine Parade, Double Bay (the site).

2 The issues raised by the council relate to the unsuitability of the third floor, the construction of the street boundary fencing and view loss. The site 3 The site is located on a corner and has a 13.7 m frontage to Marine Parade and a 34.125 m frontage to Wiston Gardens. The total site area is 634.2 sq m. It is flat with no significant vegetation. An existing dwelling is located on the site and is currently undergoing repairs and/or renovations.