Porebski and Associates v Woollahra Council [2007] NSWLEC 842

Land and Environment Court of New South Wales

CITATION : Porebski and Associates v Woollahra Council [2007] NSWLEC 842

APPLICANT Andre Porebski and Associates PARTIES : RESPONDENT Woollahra Council

FILE NUMBER(S) : 10939 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- Construction of a townhouse, carparking, height, floor space ratio,

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan 1995 Woollahra Residential Development Control Plan 2003 Double Bay Centre Development Control Plan

CASES CITED: Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46

DATES OF HEARING: 18/12/2007

EX TEMPORE JUDGMENT DATE : 19 December 2007

APPLICANT Ms H. Irish, barrister Instructed by Mr J. Hones of Hones La Hood LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Rigg, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

19 December 2007

10939 of 2007 Andre Porebski and Associates v Woollahra Council

JUDGMENT 1 COMMISSIONER: This is an appeal against refusal of DA734/2006/1 by Woollahra Municipal Council (the council) for the demolition of 3 existing dwellings and the construction of a townhouse development at 4 to 8 Patterson Street, Double Bay (the site). The site 2 The site consists of three allotments, being Lots 15, 16 and 17 in DP12264. The northern boundary to the site has a length of 55.14 m, the eastern boundary a length of 29.95 m, the southern boundary a length of 47.82 m and the western boundary a length of 29.99 m giving a total site area of 1,534 sq m.