Lang B v Woollahra Municipal Council [2007] NSWLEC 679

Land and Environment Court of New South Wales

CITATION : Lang B v Woollahra Municipal Council [2007] NSWLEC 679

APPLICANT: PARTIES : Bruce Lang RESPONDENT: Woollahra Municipal Council

FILE NUMBER(S) : 10319 of 2007

CORAM: Watts C at 1

KEY ISSUES: Development Application :- Heritage

LEGISLATION CITED: Woollahra Local Environmental Plan 1995, (WLEP) Environmental Planning and Assessment Act 1979, ss79C and 97

DATES OF HEARING: 12 October 2007 and 17 October 2007

EX TEMPORE JUDGMENT DATE : 17 October 2007

APPLICANT: Mr K Webber, solicitor with Ms S Clarke-Nash, solicitor SOLICITORS: LEGAL REPRESENTATIVES: Wilshire Webb Staunton Beattie RESPONDENT: Mr M J Connell, solicitor SOLICITORS: Home Wilkinson Lowry

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Watts C

17 October 2007

10319 of 2007 - Bruce Lang v Woollahra Municipal Council

JUDGMENT

1 This involves an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the deemed refusal by Woollahra Municipal Council (the council) of a development application to alter and add to a single-storey dwelling house and to change the use from residential to 'medical consulting rooms' at Lot 2, DP 70807, being No 20 Junction Street, Woollahra, NSW, 2025. 2 I visited the land in company with the parties on the morning of the first day of the Section 34 Conference. The conference was adjourned to permit the nearby objector Ms Holmes to be heard and to allow the applicant to amend the plans to better address the heritage concerns of the council. 3 I have concluded that that as the car parking associated with the change of use was not pressed as a reason for refusal by the council and the heritage aspects of the design have now been satisfactorily addressed the application should succeed. The land 4 The land is situated on the western side of Junction Street between Carroll and Evesson Lanes. It is rectangular in plan shape, with northern and southern boundaries of 30.48m, and eastern and western boundaries of 6.095m and 6.11m, respectively, giving an area of 186m2. The land falls about 1m from east to west. 5 Erected on the land is a single-storey terraced house with a car space at the rear off the 5.6m-wide Dyson Lane. 6 Nearby are a mix of dwellings including 'Victorian', 'Federation' and interwar period buildings. 7 To the north the land abuts No 22 Junction Street that is a part single-storey and part two-storey 'Victorian' dwelling with a car space at the rear. 8 To the south the land abuts No 18 Junction Street that is occupied by a single-storey 'Victorian' dwelling house with parking at the rear off Dyson Lane. A development application has been lodged with the council to alter and add to this dwelling and has been refused consent. 9 To the south, there is Sid Einfield Drive and under that the entry to Westfield Shopping Centre car parking area that are prominent elements within the streetscape. Relevant planning controls Woollahra Local Environmental Plan 1995, (WLEP) 10 Under the provisions of the WLEP the land is zoned Residential 2(b) and the proposal as 'medical consulting rooms' is permissible with consent. 11 Other planning controls include: · State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004; (BASIX Policy) · State Environmental Planning Policy No 55 – Remediation of land, (SEPP55); · Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, (SREPSHC); · Woollahra Section 94A Development Contributions Plan 2005, (DCP94); · Woollahra Heritage Conservation Area Development Control Plan 2003, (WHDCP); · Woollahra Access Development Control Plan, (WADCP); · Development Control Plan for off-street car parking provision and servicing facilities, (DCPP); · Council's Advertising and Notifications Development Control Plan, (DCPN).