Parisi v Woollahra Council [2008] NSWLEC 1269

Land and Environment Court of New South Wales

CITATION : Parisi v Woollahra Council [2008] NSWLEC 1269

APPLICANT Christopher Parisi PARTIES : RESPONDENT Woollahra Council

FILE NUMBER(S) : 11047 of 2007 and 11048 of 2007

CORAM: Hoffman C

KEY ISSUES: Development Consent :- modification of consent, s 94 contribution, carparking, removal of existing private carpark, new retail premises, tree loss, views, overshadowing, bulk, transition of zone boundary, Council master plan, streetscape, truck manoeuvring, pedestrian safety.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan Woollahra Development Control Plan Rose Bay Centre Development Control Plan

DATES OF HEARING: 29/05/2008 and 30/05/2008

DATE OF JUDGMENT: 4 July 2008

APPLICANT Ms S. Duggan, barrister Instructed by H. Robilliard of Robilliard Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Simmington, solicitor with R. Dawes of Lindsay Taylor Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

4 July 2008

11047 of 2007 Christopher Parisi v Woollahra Council 11048 of 2007

JUDGMENT 1 Commissioner: This is two Class 1 Appeals Nos 11047-11048 of 2007 in regard to the deemed refusal of both applications.

2 Appeal 11047 relates to an existing fruit and veg. shop known as "Parisi's" at No 15 Dover Road, Rose Bay and erection of a new awning over the public footpath and the removal of a condition of its development consent no. DA90/169 that requires 13 carspaces to be provided on a nearby block of land at No.8 Wilberforce Avenue that is owned by the applicant. The land at No.8 was paved for, and has been used as a carpark for some years in accordance with that consent.