Douglas Gordon v Woollahra Municipal Council [1989] NSWLEC 176

Land and Environment Court of New South Wales

CITATION : Douglas Gordon v Woollahra Municipal Council [1989] NSWLEC 176 APPLICANT Douglas Gordon PARTIES : RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 10599 of 1984 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act Double Bay Marina Pty Limited v. Woollahra Municipal Council 19 LGRA 147; CASES CITED: Double Bay Marina Pty Limited v. Woollahra Municipal Council 54 LGRA 313). ; North Sydney Municipal Council v. Hall 62 LGRA 1; Food Barn v. Solicitor General 32 LGRA 157 DATES OF HEARING: 10/06/88 DATE OF JUDGMENT: 04/01/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

His Honour: An application has been made to the Court pursuant to the provisions of s.102 of the Environmental Planning and Assessment Act for a modification of a development consent granted by the Court on 20 June 1985. The consent was for the erection of a two storey brick cottage on land at 8 Castra Place, Double Bay. The consent was subject to a condition (imposed by consent) as follows:

use of the building being restricted to purposes only and no activities out from the premises".

The applicant seeks a modification of cl. (v) for the following:

a caretaker/manager or employee of Double Bay (b) to permit the occupant of the dwelling house conduct foot patrols of the Marina for (c) to permit the presence in the dwelling house a telephone extension from the marina (d) to permit the occupant of the dwelling house have access and use of the said telephone inside the dwelling house outside where it is satisfied that the development to which the consent as modified relates is substantially the same development and is satisfied that no prejudice will be caused to any person who objected to the development application the subject of the consent (see s.102(1)(a) and (b)). Mr and Mrs Barraclough, who live next door, were relevantly persons who made objections and their views were put before the Court by the Council.