NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mendel v Woollahra Municipal Council [2009] NSWLEC 1113
APPLICANT Charles Mendel PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 10900 of 2008
CORAM: Murrell C
KEY ISSUES: DEVELOPMENT APPLICATION :- overshadowing; privacy; visual impact
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan 1995 Woollahra Heritage Conservation Area Development Control Plan 2003 Woollahra Development Control Plan
CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167
DATES OF HEARING: 18/12/08
DATE OF JUDGMENT: 22 April 2009
APPLICANT Mr Robert Wilcher, Solicitor Herber Geer Lawyers LEGAL REPRESENTATIVES: RESPONDENT Ms Megan Hawley, Solicitor of Lindsay Taylor Lawyers
JUDGMENT: - 1 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
22 April 2009
10900 of 2008 Charles Mendel -v- Woollahra Municipal Council
JUDGMENT 1 The applicant in these proceedings is seeking to construct a loft study over the existing garage at the premises known as No. 5 Fullerton Street Woollahra. The Council refused the development application in September 2008
2 The subject site is located on the eastern side of Fullerton Street and has a site area of some 1075 square metres. Erected on the site is a two-storey interwar brick dwelling that is a contributory item of local heritage significance. Also on the site is a detached garage located towards the rear of the site on the southern boundary with access along the southern boundary. In the rear garden of the site there is an in-ground swimming pool towards the northeastern corner together with a number of large canopy trees.
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