NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Rose v Woollahra Municipal Council [2008] NSWLEC 1313
APPLICANT Sean Rose PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 10439 of 2008
CORAM: Hoffman C
KEY ISSUES: Development Consent - Section 96 Modification :- roof deck, overlooking, loss of acoustic and visual amenity, privacy
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Woollahra Local Environmental Plan 1995 Woollahra Residential Control Plan 1993
DATES OF HEARING: 28 /07/2008
EX TEMPORE JUDGMENT DATE : 28 July 2008
APPLICANT Mr S. Griffiths, solicitor, of Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr P. Rigg, solicitor, of Deacons Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
28 July 2008
10439 of 2008 Sean Rose v Woollahra Municipal Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT 1 This is an appeal between Sean Rose and Woollahra Council in regard to No. 5 Latimer Road, Bellevue Hill. The proposal is to amend existing consents for a house that is nearing completion to enable three doors, one on the south side and two on the north side, to provide access from bedrooms onto the existing roof areas on the existing first floor level to provide decks with new glass balustrades. 2 This site has an area of about 687 sq metres and on the north side boundary with No. 3 Latimer Road there is a block of four flats two storeys in height, adjacent to the proposal; and apparently with a unit of the ground floor and a unit open the top floor adjacent to the proposal. On the southern boundary there is No. 7 Latimer Road which is a two storey dwelling house. 3 The statutory controls applicable are the Woollahra Local Environmental Plan 1995, and the Woollahra Residential Control Plan 1993. The parties agreed that the applicable concerns in relation to this appeal, are those on the acoustic and visual privacy in the Development Control Plan, particularly performance Criterion C.5.8.6 upon pages 131 and 132 of the document.
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